Calcutta High Court
WPA/25975/2026 of BIREN CHANDRA DEY AND OTHERS Vs STATE OF WEST BENGAL AND ORS. on 22 September 2026
2026 Ct. No. 18 Ab IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25975 of 2026 Biren Chandra Dey and others Vs. The State of West Bengal and others. --------------- Mr. Sardar Amjad Ali, Mr. Maheswar Malo Das. … for the petitioners. Mr. Indradeep Pal, Ms.
22.09.
Ct. No. 18
Ab
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 25975 of 2026
Biren Chandra Dey and others
Vs.
The State of West Bengal and others.
---------------
Mr. Sardar Amjad Ali,
Mr. Maheswar Malo Das.
… for the petitioners.
Mr. Indradeep Pal,
Ms. Sougata Pal,
Mr. Abhishek Kabir.
… for the State.
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1. Affidavit of service filed in Court today is taken on record.
2. The petitioners are aggrieved that they have not been given the arrear dearness reliefs as admissible to them. In terms of several notifications and particularly, that of March 23, 2026, the petitioners, who are all pensioners, being retired employees ought to have received such amounts on or before March 31, 2026.
3. There is really no dispute or doubt as to the entitlement of the petitioners. In fact, the District Magistrate by successive letter of June 25, 2026 has written to the disbursing authority to ensure disbursement of such financial benefits in favour of the petitioners. Sadly, no steps have been taken.
4. The petitioners are all retired employees, who have demitted office after years of unblemished service, they should not be made to suffer for some administrative lapse.
5. I direct the respondents 3 to 10 being the disbursing authorities to take immediate steps and disburse such amounts as payable to the petitioners on account of arrears dearness reliefs by October 12, 2026. These amounts are the entitlement of the petitioners, which they cannot be deprived of and since in terms of the afore-stated notification, the entitlement crystallized and was to be disbursed on or before March 31, 2026, the period of delay in making the payment cannot be condoned. In view thereof, the petitioners will be entitled interest at the rate of 6 per cent per annum from April 1, 2026 till actual date of receipt of such amounts.
6. With the afore-stated directions, the writ petition is disposed of.
7. There shall, however, be no order as to costs.
8. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Reetobroto Kumar Mitra, J.)