Nishith Kumar Ghosh And ORS. v. State Of West Bengal And ORS.

March 23, 2026

(44) ARDR WPA 4405 of 2026 Nishith Kumar Ghosh & ors.

Vs.

The State of West Bengal & ors.

Adv. Nirmalya Biswas, Adv. Sujit Bhunia, ...for the petitioners.

Adv. Vimal Kumar Shahi, Adv. Sangeeta Roy, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

The petitioners were the employees of the West Bengal Comprehensive Area Development Corporation under the administrative control of the Panchayat and Rural Development Department since 4th February, 2004 and superannuated between 14th June, 2005 and 31st March, 2008. The Panchayat and Rural Development Department approved release of pensionary benefits to the employees of the corporation for the financial year 2005 - 2006. The proposal was sent to the finance department in 2005 and was approved by the department on 1st April, 2008. As a result, the employees who retired after the said date have been enjoying their pensionery benefits whereas the petitioners who retired prior to the said date have not been granted such benefits. The petitioners submitted a comprehensive representation before the concerned

authority on 17th September, 2025 which is yet to be considered. The petitioners seek consideration of the same. Upon consideration of the submission made on behalf of the parties, the Administrative Secretary, West Bengal Comprehensive Area Development Corporation, being the 2nd respondent herein, is directed to consider and dispose of the representation submitted by the petitioners within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. In the event the concerned authority arrives at a decision in favour of the petitioners, necessary consequential steps be taken at the earliest. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)