Calcutta High Court

WPA/14284/2026 of NABA KUMAR SARKAR Vs STATE OF WEST BENGAL AND ORS. on 21 September 2026

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AD/93/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/14284/2026 NABA KUMAR SARKAR VS THE STATE OF WEST BENGAL & ORS. Mr. Pradip Kumar Mondal, Advocate Mr. Arka Mondal, Advocate ……for the Petitioner Ms. Aparna Banerjee,

AD/93/18

266312

NANDY

(DO)

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

WPA/14284/2026

NABA KUMAR SARKAR

VS

THE STATE OF WEST BENGAL & ORS.

Mr. Pradip Kumar Mondal, Advocate

Mr. Arka Mondal, Advocate

……for the Petitioner

Ms. Aparna Banerjee, learned AGP

Mr. Arijit Bhowmick, Advocate

……for the State

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1. The petitioner is aggrieved that his retiral benefits have not been given to him as he was short by four months for completing the threshold service of ten years required for enabling him to get the pensionary benefits.

2. This issue has been considered and has attained finality by virtue of several decisions, and particularly the decision in WPST/125/ 2022 (Uday Kumar Pore Vs. State of West Bengal) by a Division Bench of this Hon’ble Court.

3. The said order was carried in appeal to the Hon’ble Supreme Court of India, whereupon the Special Leave Petition was dismissed.

4. In terms of the judgment and order in Uday Kumar Pore (supra), read with Rule 36 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, the State Government/ Authorities are empowered to condone any shortfall of six months.

5. Since the petitioner's timelines are below the period of six months, the authorities will consider the same, condone the delay and take all P a g e | 2

consequential steps to extend the pensionary and retiral benefits within a period of six weeks from date.

6. With these observations, the writ-petition is disposed of. No order as to costs.

7. All parties to act on a server copy of this order.

(Reetobroto Kumar Mitra, J.)

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