Ratna Bagchi v. The State Of West Bengal And ORS

Form No.J(2) Serial No.52 Sc CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon'ble Justice Aniruddha Roy WPA 1743 OF 2025 Ratna Bagchi Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Sakti Pada Jana, Adv.

Mr. Debojit Kundu, Adv.

.

For the Respondents/ State : Mr. Hirak Barman, Adv.

Mr. Bikash Singha, Adv.

Heard on : September 10, 2025 Judgment on : September 10, 2025 Aniruddha Roy, J. :

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Mr. Debojit Kundu, learned Advocate appears for the petitioner.

3. Mr. Bikash Singha, learned Advocate led by Mr. Hirak Barman, learned Advocate appears for the respondents State.

4. Referring to the representation dated August 4, 2025, Annexure-P3 at page 22 to the writ petition, learned Advocate for the petitioner submits that the petitioner has not been paid the pension and arrear pension and the representation of the petitioner has not yet been considered.

5. In view of the above, the jurisdictional D.I., respondent no.3 upon issuing a hearing notice of at least seven days to the petitioner and the relevant school authority, respondent no.5 and after granting them an opportunity of hearing shall decide the said representation dated August 4, 2025 by passing a reasoned order in accordance with law.

6. The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner and the relevant school authority within a period of one week thereafter.

7. It is made clear that this Court has not gone into the merits of the claim of the petitioner.

8. The petitioner shall be at liberty to urge whatever points she wishes to urge by relying upon whatever records and documents she wishes to rely upon including the judgment and the law governing the field before the respondent no.3.

9. In the event the reasoned decision goes in favour of the petitioner then the respondent no.3 shall calculate and crystallize the entire amount payable to the petitioner in accordance with law along with interest @6% per

annum from the immediate next date of retirement of the employee till the actual date of tendering the money to the petitioner. 10.The Entire payment, in that event, shall be made by crediting the bank account of the petitioner positively within a period of eight weeks from the date of the said reasoned order to be passed. 11.Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 12.With the above observations and directions this writ petition, WPA 1743 of 2025 stands disposed of, without any order as to costs. 13.The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)