Shyam Sundar Banerjee v. State Of West Bengal And ORS.
Form No.J(2) Court No.2 In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
Present:
The Hon'ble Justice Aniruddha Roy WPA 19603 OF 2025 ------------- Shyam Sundar Banerjee Vs.
The State of West Bengal & Ors.
For the Petitioner Mr. Manas Kumar Ghosh, Adv.
Ms. Susmita Dey (Basu), Adv.
For the Respondents Mr. N.C. Bihani, Sr. Adv.
Mr. Soumyajit Ghosh, Adv.
For the State Mr. Pantu Deb Roy, Ld. AGP.
Ms. Karali Roy, Adv.
Heard on :
26.09.2025 Judgment on :
26.09.2025 Aniruddha Roy, J :
Affidavit of service filed in Court is taken on record. Mr. Manas Kumar Ghosh, learned Counsel along with Ms. Susmita Dey (Basu), learned Advocate appears for the petitioner. Mr. N. C. Bihani, learned Senior Counsel being ably assisted by Mr. Soumyajit Ghosh, learned Advocate appears for the respondents.
Mr. Pantu Deb Roy, learned AGP being ably assisted by Ms. Karali Roy, learned Advocate appears for the State.
The petitioner claims monetary benefits on account of Leave Encashment for 300 days instead of 180 days. The petitioner submitted a representation dated August 07, 2025, Annexure - P3 at page 18 to the writ petition but the same has not yet been considered. In view of the above, the respondent no.3 is directed upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall consider the said representation dated August 07, 2025, Annexure - P3 at page 18 to the writ petition by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner within a further period of one week from the date of the said reasoned order to be passed.
It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records, documents, rules and provisions of law before the respondent no.3 but the same shall not travel beyond the scope of the said representation dated August 07, 2025. In the event the reasoned decision goes in faovur of the petitioner, then the appropriate State authority including the appropriate authority of the Finance Department of the State shall take all necessary and consequential steps to give an immediate effect to the said reasoned order but
positively within a period of four weeks from the date of communication of the order to such appropriate State authority. The payment shall be released in favour of the petitioner positively within a period of six weeks from the date of the said reasoned order to be passed by the appropriate State authority and/or the appropriate authority of the Finance Department of the State.
It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim before the respondent no.3 strictly in accordance with law. It is also made clear that if the petitioner is found to be eligible to receive Leave Encashment Salary the necessary reasoned order shall also be passed even if it is not for 300 days but strictly in accordance with law and the consequential directions as directed above shall be carried out strictly as a mandatory directions of this Court. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions, this writ petition, WPA 19603 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)