Calcutta High Court
WPA/5925/2026 of SUDIPTA KUMAR GHOSH Vs STATE OF WEST BENGAL AND ORS. on 23 September 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 5925 of 2026 Dr. Sudipta Kumar Ghosh Vs. State of West Bengal & Ors. Mr. Ranajit Chatterjee … for the Petitioner. Mr. Suman Banerjee Mr. Mukunda Lal Sarkar … for the State. Mr. Kamlesh Jha
S/L 48
23.09.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 5925 of 2026
Dr. Sudipta Kumar Ghosh
Vs.
State of West Bengal & Ors.
Mr. Ranajit Chatterjee
… for the Petitioner.
Mr. Suman Banerjee
Mr. Mukunda Lal Sarkar
… for the State.
Mr. Kamlesh Jha
Mrs. Lina Majumder
… for the Respondent Nos.3-4.
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1. Affidavit of service filed in the Court today be kept with the records.
2. The petitioner retired from service of Bidhan Chandra Krishi Vishwavidyalaya (hereinafter referred to as ‘BCKV’) on October 31, 2025. The Pension Payment Order was issued on October 31, 2025 by BCKV.
3. The Joint Secretary to the Government of West Bengal, Department of Agriculture raised an issue regarding to the entitlement of the petitioner to receive pension as it was found that the petitioner was first placed in a project called All India Coordinated Research Project (IAICRP). The Registrar (Officiating), BCKV was requested to furnish supporting documents with regard to the claim as to whether pension would be payable to the petitioner or not.
4. Learned advocate for the petitioner has relied on the order passed by the Hon’ble Division Bench of this Court on August 14, 2026 in MAT 1469 of 2025 [The State of West Bengal & Anr. Vs. Dr. Sanmoy Kumar
Patra & Ors.] wherein the Court in no uncertain terms held that to deny pension to the employees who initially served in AICRP and then served BCKV would be arbitrary and illegal. The Hon’ble Division Bench noticed that at least fifty other employees of BCKV engaged in AICRP were receiving pension after superannuation.
5. In the instant case, the petitioner has served BCKV for nearly 35 years. The petitioner prays for giving effect to the pension payment order issued way back on October 31, 2025.
6. Learned advocate representing the University supports the stand of the petitioner.
7. Learned advocate representing the State respondent is not ready with instruction.
8. As it appears that the ground on which the pension payment order issued in favour of the petitioner was not given effect to has already been set aside by the Hon’ble Division Bench in the matter of Dr. Sanmoy Kumar Patra (supra), accordingly, the State would be bound to give effect to the pension payment order issued in favour of the petitioner on October 31, 2025.
9. It is hereby ordered that the pension, gratuity and all other retiral benefits shall be paid to the petitioner at the earliest but positively within one month from the date of communication of this order.
10. As the petitioner would be receiving the aforesaid amount after considerable delay, accordingly, simple interest at the rate of 6% per annum shall be paid to the petitioner calculated on the due amount on and from the due date till the date of actual payment.
11. The writ petition stands disposed of.
12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
13. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)