WP.ST/96/2026 of TAMAL KANTI JANA Vs STATE OF WEST BENGAL AND ORS. on 17 September 2026

1. The writ petitioner's claim for retiral dues is pending before the West Bengal State Administrative Tribunal (hereinafter referred to as the Tribunal) in OA No. 75 of 2026. The writ petition has been filed claiming that the petitioner was left remediless for want of functional Tribunal. Learned Advocate for the petitioner has cited two cases of Hon'ble Supreme Court L. Chndra Kumar v. Union of India reported (1997) 3 SCC 261 and Rojer Mathew v South Indian Bank Ltd. & Ors. (2020) 6 SCC 1 in support of his prayer.

2. The petitioner approached the West Bengal Administrative Tribunal (‘Tribunal’ for short) with a grievance that he was not being paid his retiral benefits/dues. It appears that nearly four days prior to his retirement, the petitioner was served with a charge memo dated 26.03.2025 issued by the Principal Secretary and Disciplinary Authority, Agriculture Department, Government of West Bengal.

3. The learned senior advocate for the writ petitioner submits that during pendency of the present proceeding, the petitioner was paid a provisional pension but only for the period from 01.04.2025 to 31.03.2026. The Death- cum-Retirement Benefit Rules, 1971, however, contemplates payment of provisional pension till conclusion of the departmental proceeding. Acknowledging such entitlement of the petitioner, the Director of Agriculture has written to the petitioner by a communication dated 27.08.2026 asking him to furnish the petitioner’s photograph duly attested in four separate sheets to the Agriculture Chemist, West Bengal within 7 days from the date of issuance of letter to facilitate further action in compliance of a communication from the office of the Accountant General dated 06.07.2026 regarding grant of provisional pension to the present writ petitioner.

4. The learned senior advocate submits that the petitioner would comply the requirement/formalities contemplated under the communications dated 27.08.2026 and 06.07.2026.

5. He further submits that the dues under Provident Fund have been paid but without any interest accrued thereupon.

6. Considering the nature of submissions advanced to0day and since the petitioner will be approaching the authorities in compliance of the communication dated

27.08.2026 (supra), pendency of the present writ petition would be futile and serve no useful purpose.

7. We, therefore, dispose of the same recording the submissions above and leave it to the petitioner to complete the requisite formalities in terms of the letters dated 27.08.2026 and 06.07.2026 issued by the State Government and the office of the Accountant General respectively for availing the benefits in accordance with law.

8. We make it clear that it would be open to the petitioner to raise any grievance of dues which remained unpaid.

9. The writ petition is accordingly disposed of.

10. It is expected that the State authorities would act expeditiously as the issue of pensionary dues are involved. The authorities should complete the process and ensure payment within a period of 8 weeks from the date of receipt/production of a copy of this order before the authority.

11. In view of the order being passed today pendency of the Original Application (OA 75 of 2020) in the records of the Tribunal would be futile and serve no useful purpose. We, therefore dispose of the application being OA 75 of 2026 pending before the Tribunal. Copy of this order be sent to the learned Registrar of the Tribunal.

12. The letters dated 27.08.2026 and 06.07.2026 be kept on record.

13. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Madhuresh Prasad, J.)

(Partha Pratim Roy, J.)