S/L 16 08.07.2026 Court No.7 Susanta CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION WPST 3 of 2026 Smt. Anima 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 a Typist (clerk) in the office of the Block Development Officer, Dinhata-I, on 30th September, 2013. 3. Due to conviction in a criminal case, her terminal dues have been withheld by the authority. 4. The petitioner applied before the West Bengal Administrative Tribunal by filing O.A. No. 256 of 2025 which stood disposed of on 18th August 2025 directing the authority to consider releasing her leave salary in terms of her 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. No reason has been disclosed by the respondents in not releasing the gratuity in favour of the petitioner. 7. Learned advocate representing the petitioner submits that the petitioner would be entitled to receive gratuity in terms of the Death-cum-Retirement Benefit Rules and under the Payment of Gratuity Act, 1972 that is governing the petitioner. 8. Prayer has been made to direct the authority to release gratuity to the petitioner along with statutory interest. 9. It appears that no decision has yet been taken by the respondent authority to release gratuity in favour of the petitioner. No provision of law has been placed before this Court standing in the way of releasing the gratuity in favour of the petitioner. 10. In view of the above, the instant writ petition stands disposed of by directing the respondent no. 4 to take steps to release gratuity in favour of the petitioner with admissible statutory interest in accordance with law upon taking into consideration the release order dated 30th September, 2013 issued in favour of the petitioner at the earliest, but positively within a period of twelve weeks from the date of communication of this order. 3 11. The formalities required to be complied with by the petitioner shall be intimated without any further delay. 12. 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 her terminal gratuity. 13. The leave salary of the petitioner shall be released in compliance of the direction passed by the learned Tribunal, if not already released. 14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 15. 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.)