S/L 15 08.07.2026 Court No.7 Susanta CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION WPST 2 of 2026 Sri Malay Prasad Guha Vs. The State of West Bengal & Ors. Ms. Suman Sehanabis (Mondal), Ms. Rajashree Mukherjee … for the petitioner. Mr. Jagriti Mishra, Ld. AAAG Ms. Supriya Singh Ms. Radhika Agarwal … for the State. 1. Affidavit of service filed in Court today be taken on record. 2. The petitioner superannuated from service as Inspector in the officer of the District Controller, Food & Supplies, Coochbehar on 31st January, 2014. 3. Due to conviction in a criminal case, his terminal dues have been withheld by the authority. 4. The petitioner applied before the West Bengal Administrative Tribunal by filing O.A. No. 257 of 2025 which stood disposed of on 18th August 2025 directing the authority to consider releasing his leave salary in terms of his service rule, if otherwise eligible. 5. The learned Tribunal was pleased not to pass any direction with regard to the other claims of terminal dues but restricted the order only to release the leave salary. 2 6. Learned advocate representing the petitioner submits that the petitioner would be entitled to receive his gratuity in terms of the Death-cum-Retirement Benefit Rules and under the Payment of Gratuity Act, 1972 that is governing the petitioner. 7. Prayer has been made to direct the authority to release gratuity to the petitioner along with statutory interest. 8. Learned AAAG submits that in compliance of the aforesaid direction, leave salary has duly been released in favour of the petitioner. 9. He also submits that a sum of Rs.2,55,738/- (Rupees two lakh fifty five thousand seven hundred thirty eight) only has been paid on account of leave encashment. A copy of the order of the District Controller, Food & Supplies, Coochbehar dated 20th January, 2026, filed by Ld. AAAG in Court today, showing the sanction for payment of the aforesaid amount, be taken on records. 10. It appears from the records that the Senior Accounts Officer of the Legal Cell, Indian Audit and Accounts Department Accountant General (A & E), West Bengal, by a communication dated 30th July, 2024 has disclosed that as this office did not receive the sanctioned order of superannuation of the 3 petitioner till date, for which payment of gratuity is not feasible. 11. It appears from records that the final release order dated 31st January, 2014 issued by the District Controller, Food & Supplies, Coochbehar clearly mentions that the petitioner is finally released from Government Service on 31st January, 2014 in the afternoon on superannuation on attaining the age of sixty years. 12. It appears that the Senior Accounts Officer did not take into consideration the aforesaid final release order which was issued in favour of the petitioner way back on 31st January, 2014. 13. On the face of records it appears that the communication of the Senior Accounts Officer was issued upon non- consideration of the final release order. 14. In view of the above, the instant writ petition stands disposed of by directing the respondent no. 7 to take note of the final release order dated 31st January, 2014 and take steps for releasing gratuity along with statutory interest admissible in law in favour of the petitioner at the earliest, but positively within a period of twelve weeks from the date of communication of this order. 4 15. The formalities required to be complied with by the petitioner shall be intimated without any further delay. 16. It is made clear that the petitioner has not raised any other claim in the present writ petition. The claim is only restricted to release of his terminal gratuity. 17. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 18. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.) (Ajay Kumar Gupta, J.)