Rekha Adhikary v. The State Of West Bengal And ORS

S/L 6 15.05.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 9032 of 2026 Rekha Adhikary Vs.

The State of West Bengal & Ors.

Mr. Sudipta Dasgupta Mr. Ritwik Basu ... for the Petitioner.

1.

Affidavit of service filed by in Court today be kept with the records.

2.

The petitioner is a retired employee of the Directorate of Animal Resources and Animal Health, Government of West Bengal.

3.

She retired after serving 9 years 6 months and 9 days. In view of shortfall in her qualifying pensionable service period of 10 years, she has been denied pension. The petitioner is aggrieved by the same. 4.

Rule 36 of the West Bengal Service (Death-cumRetirement Benefit) Rules, 1971 has been relied upon which mentions that upon any condition which it may think fit to impose, Government may condone a deficiency of six months in the qualifying service of a Government servant.

5.

It has been submitted that the petitioner made an application seeking condonation of the shortfall in her pensionable service period and the same is pending consideration till date. The petitioner prays for consideration of her representation.

6.

None appears on behalf of the respondents.

7.

As it appears that the petitioner's prayer seeking condonation of her pensionable service period in accordance with Rule 36 of the aforesaid Rules is pending consideration at the end of the respondent authority, accordingly, the instant writ petition stands disposed of by directing the Senior Accounts Officer/PC.II being the respondent no.7 herein to take into consideration the petitioner's prayer seeking condonation of her pensionable service period in line with the West Bengal Service (Death-cum-Retirement Benefit) Rules, 1971 and pass a reasoned order in the matter and communicate the same to the petitioner. 8.

Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order.

9.

If the prayer of the petitioner is allowed then necessary consequential steps for releasing pension shall be taken without any further delay.

10.

Learned advocate representing the petitioner is directed to forward a copy of the subject representation along with all other supporting documents to the aforesaid respondent at the time of communicating the order of the Court.

11.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

12.

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

(Amrita Sinha, J.)