Niranjan Bhowmik v. State Of West Bengal And ORS.

ML15 September 2025 01.09.2025 Court No.18 SK

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 17400 of 2025 Niranjan Bhowmik Vs.

The State of West Bengal & Ors.

Ms. Susmita Ghorai, Mr. Avik Kumar Das, Mr. Prasit Kumar Sinha ... for the Petitioner.

Mr. Ahibhuyshan Chakraborty, Mr. Abhishek Chakraborty ...for the State.

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. The petitioner retired on superannuation far back on 29th February, 2008 and his retiral dues were released by issuing pension payment order on 25th November, 2019. A contempt application being CPAN 287 of 2018 was heard finally by this Court on 16th December, 2022 and an order was passed wherein submission of the applicant in the said contempt application was recorded at the time of disposal of contempt application that after issuance of pension payment order though reitral dues were released in favour of the present petitioner but quantification of reitral dues was disputed.

3. The learned advocate representing the petitioner submits in reference to the pension payment order dated 25th November, 2019 which is at page 23 of the writ petition that wrongly Rs. 91,253/- was deducted from the retiral dues of the petitioner and the petitioner is entitled to receive interest on retiral dues due to delayed payment.

4. Taking note of the observations made by this Court in the order dated 16th December, 2022 passed in the contempt proceeding leave was

granted to the petitioner to take steps in accordance with law, if the petitioner was aggrieved by the calculation of retiral dues made by the State respondents at the time issuance of pension payment order.

5. Petitioner shall be at liberty to make a comprehensive representation to the District Inspector of Schools (S.E.), Howrah being respondent no. 3 claiming benefits which the petitioner is entitled to receive in consideration of his superannuation on 29th February, 2008 by two weeks from date. If such representation is made to the respondent no. 3 within the aforesaid time, the respondent no. 3 shall decide the same in accordance with law after giving an opportunity of hearing to the petitioner or his representative by eight weeks thereafter from the date of receiving the representation. A reasoned order shall be passed by the respondent no. 3 and same shall be communicated to the petitioner by 10 days thereafter.

6. The writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)