Paritosh Dasgupta v. State Of West Bengal And ORS.

S/L 17 20.05.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 11163 of 2026 Paritosh Dasgupta Vs.

State of West Bengal & Ors.

Mr. Firdous Samim Ms. Gopa Biswas Mr. Asik Mondal Ms. Brinta Dutta Mr. Naman Shah Ms. Hena Sardar ... for the Petitioner.

1.

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

2.

The petitioner retired from service on November 30, 2021 after serving 11 years 4 months and 1 day. He has not been paid his pension as he remained absent from duty for 664 days and qualifying service period got reduced to 9 years 5 months and 3 days. 3.

He approached the West Bengal Administrative Tribunal by filing Original Application being OA No. 654/2024 which stood disposed of on April 21, 2025 directing the Commissioner of Police, Howrah Police Commissionerate to consider the representation filed by the petitioner seeking regularization of the period of his absence after examination of the relevant rules and if the petitioner is found entitled to get pension, then process the same within a reasonable period of time. 4.

Grievance of the petitioner is that the representation of the petitioner dated May 10, 2025 has not been considered till date.

5.

The Senior Accounts Officer of the Indian Audit and Accounts Department, Accountant General (A&E), West Bengal by a communication dated May 7, 2025 requested the Deputy Commissioner of Police to take necessary steps in the matter and to intimate the present status of the petitioner's case. There is no response from the end of the police.

6.

None appears on behalf of the State respondents.

7.

It has been submitted by the learned advocate representing the petitioner that the petitioner is in the last stage of his life and has practically become blind. The petitioner requires immediate financial assistance for his medical treatment.

8.

Prayer has been made to direct the Commissioner of Police to take a decision on the petitioner's prayer seeking regularization of his period of absence so that he may be considered eligible for receiving pension.

9.

In the absence of the respondents, it is not possible for the Court to decide the issue conclusively. 10.

As it appears that there is already a direction by the competent forum directing the Commissioner of Police to take a decision on the petitioner's prayer, accordingly, the instant writ petition is disposed of by reiterating the same direction passed by the learned Tribunal.

11.

The Commissioner of Police, Howrah Police Commissionerate shall positively take a decision on the petitioner's prayer seeking regularization of his period of absence in accordance with law at the earliest but positively within a period of four weeks from the date of communication of this order. 12.

reasoned order shall be passed and communicated to the petitioner without any further delay. If the petitioner is found eligible for pension, then necessary consequential steps shall be taken without any further delay.

13.

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

14.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)