Bani Amin v. State Of West Bengal And ORS.

09-01-2026 Item No.24 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.1234 of 2024 Bani Amin -vsThe State of West Bengal & Ors.

Mr. Gautam Kuimar Das Ms. Anita Khatri ...for the petitioner Mr. Pantu Deb Roy Mr. S. Guha Biswas ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the Board 1.

The petitioner seeks payment of terminal dues. 2.

It appears from records that the petitioner was appointed on compassionate grounds on May 4, 2006. He performed his duties till December 10, 2013. Thereafter, he met with an accident and was unable to attend his duties. He retired from service on attaining his normal age of superannuation on July 31, 2023.

3.

The petitioner approached this Court on earlier occasion seeking direction upon the respondent authorities to take steps to release his dues for the period he remained absent. The authorities consistently held that as the petitioner remained absent and did not perform his duties after December 2013, accordingly, he would not be entitled to any salary or terminal benefits.

4.

Learned counsel for the petitioner has not been able to produce any supporting law which permits

grant of terminal dues in respect of an employee who performed service for a little more than seven years. According to law the pensionable service period is ten years. The petitioner has not served for ten years.

5.

In view of the above, the relief prayed for by the petitioner cannot be allowed.

6.

The writ petition fails and is hereby dismissed. 7.

Supplementary affidavit filed in Court be taken on record.

8.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

9.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]