Nimai Chandra Sarkar v. West Bengal Gramin Bank And ORS

13-05-2026 Item No.209 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.8863 of 2026 Sri Nimai Chandra Sarkar -vsWest Bengal Gramin Bank & Ors.

Mr. Jayak Kumar Gupta Mr. Nandadulal Bandyopadhyay...for the petitioner Mr. Baidurya Ghosal Mr. Sourav Mukherjee Mr. Saikat Mukherjee ...for the respondents 1.

The petitioner was serving in the Bangiya Gramin Vikash Bank. He retired from service on attaining his normal age of superannuation on December 31, 2017. At that point of time there was no provision for grant of pension to the retired employees of the subject bank.

2.

Bangiya Gramin Vikash Bank (Employees') Pension Regulations, 2018 was promulgated on October 31, 2018. As the petitioner was not in office on the particular day, he was not aware of the said Regulations. After getting knowledge of the aforesaid Pension Regulations, he applied before the bank for grant of pension in his favour. 3.

The petitioner's prayer for grant of pension stood rejected vide communicating letter dated September 14, 2020 mentioning that as the petitioner did not submit the option form for pension within the stipulated date, i.e. April 8, 2019, and he did not refund the entire corpus comprising of the bank's contribution towards

provident fund within the stipulated date, i.e. June 7, 2019, therefore, the authority was not in a position to consider his prayer for grant of pension.

4.

The petitioner applied for reconsideration of his prayer for grant of pension. Vide communicating letter dated September 16, 2025 he was requested to personally contact the respective Regional Officer with his prayer.

5.

Learned counsel for the petitioner submits that despite personal contact being made with the Regional Officer, the prayer of the petitioner has not been considered.

6.

Prayer has been made to direct the respondent for granting pension to him.

7.

Learned counsel for the bank submits, upon instruction, that Pension Regulations, 2018 has been amended in 2024. The petitioner may apply in terms of the 2024 Regulations. It has also been submitted that the petitioner was requested to personally contact with the Regional Officer but he failed to do so.

8.

Be that as it may, as it appears that there has been amendment in the Pension Regulations in the year 2024 and as the learned counsel for the bank submits that if the petitioner applies, then his case may be considered in accordance with the amended provision, accordingly, the instant writ petition stands disposed of by directing the fifth respondent - Regional Manager (Malda Region), West Bengal Gramin Bank - to intimate the petitioner the steps that he is required to take for obtaining pension and other terminal dues in light of the 2024 amended Pension Regulations.

9.

The Branch Manager of the bank shall communicate the details of the documents and all other necessary formalities required to be submitted and complied by the petitioner. If any amount is required to be refunded, calculation thereof shall also be made known to the petitioner.

10.

Such intimation shall be provided by the aforesaid respondent within a period of four weeks from the date of communication of this order.

11.

Once the requisite formalities are complied with by the petitioner, the bank shall take steps for releasing the pension and other terminal dues of the petitioner in line with the amended Pension Regulations at the earliest, but positively within a period of eight weeks from the date of compliance of all formalities.

12.

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

13.

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

[Amrita Sinha, J]