Samir Kumar Mondal v. State Of West Bengal And ORS.

07.11.2025 Sl. No.11(DL) Ct. No.7 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19212 of 2024 Samir Kumar Mondal

Versus

The State of West Bengal & Ors.

Mr. Rudranil De, Mr. Souma Charan ...for the Petitioner.

Mr. Bikash Goswami ...for the State.

1. On the prayer of the learned Advocate for the petitioner leave is granted to add the Deputy Director of Accounts, School Education Department, Purulia as added respondent No.6

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities for releasing the pensionary benefits in favour of the petitioner.

3. The petitioner contends that he was appointed as an Assistant Teacher in Arshar Primary School under Arsha II Circle and he joined his post on 5th April, 1983. The petitioner on superannuation retired from the said post on 30th November, 2023. Upon retirement the pension of the petitioner was not granted since the petitioner did not place any nominee in his application for grant of pension. On 12th April, 2024, the petitioner made an application before the District Inspector of Schools (Primary Education), Purulia for releasing the

pension of the petitioner. However, till date the petitioner has not received any pension and/or retiral benefits. Hence, this writ petition.

4. Mr. Rudranil De, learned Advocate for the petitioner submits that the pension has been withheld by the respondent authorities only on the ground of not making nomination. There are no such mandatory rules that the pension will be granted subject to nomination. He seeks for appropriate direction upon the respondent authorities for grant of pension.

5. Mr. Bikash Goswami, learned Advocate for the State submits that grant of pension in favour of the petitioner is under process and would be disbursed shortly. He files a report of the respondent No.4, the District Inspector of Schools (Primary Education), Purulia dated 29th October, 2025 which is taken on record.

6. It is found from the aforesaid report that the office of the respondent No.4 has forwarded the pension file of the petitioner to the added respondent No.6, Deputy Director of Accounts, School Education Department, Purulia on 16th October, 2025 for necessary scrutiny and approval, however, added respondent No.6 is yet to take steps in such regard.

7. In the light of the above, the added respondent No.6, Deputy Director of Accounts, School Education Department, Purulia is directed to take steps for scrutiny and approval of the pension file within a

period of four weeks from date of communication of this order. Thereafter, upon taking steps by the added respondent No.6, the respondent No.2-the Director of Pension, Provident Fund and Group Insurance shall act in accordance with law for further processing and issuance of final Pension Payment Order within a period of four weeks from the date of receipt of the pension file.

8. Learned Advocate for the petitioner is directed to communicate this order to added respondent Nos.6, Deputy Director of Accounts, School Education Department, Purulia and respondent no.2, Director of Pension, Provident Fund and Group Insurance for necessary compliance.

9. With the above direction, the writ petition being WPA 19212 of 2024 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)