Extracted from the PDF above. The PDF is authoritative.
23.07.2026 17 sdas WPA 11938 of 2026
Suranjan Sarkar Vs. The State of West Bengal & Ors.
Mr. Tanmoy Chattopadhyay Mr. Joy Laha .….. for the petitioner
Mrs. Aparna Banerjee, learned AGP Mr. Brijendra Pratap Singh Mr. Arghya Chatterjee ……for the State
Mr. Sourav Mondal ……. for the respondent no. 2
1. The petitioner is aggrieved on account of acts of commission and/or omission of the respondent authorities.
2. The principal grievance of the petitioner is that his terminal benefits have not yet been released and the excess amount which had been recovered from his salary has not yet been refunded to him in spite of a subsisting order of the West Bengal Administrative Tribunal dated January 16, 2025.
3. Respondent no. 3 is directed to immediately refund the excess amount recovered from the salary of the petitioner, as directed in the order dated January 16, 2025, by August 31, 2026.
4. Respondent no. 3 will take all steps to resubmit the case documents and papers pertaining to the
2 terminal benefits of the petitioner including gratuity payable to him, which has been withheld to the respondent no. 2 to ensure that the respondent no. 2 can proceed to disburse the amount due and payable to the petitioner.
5. Respondent no. 5 will resubmit all such documents by August 20, 2026.
6. Respondent no. 2 will act in accordance with law and pass the necessary orders for disbursal of the petitioner’s entitlement by September 15, 2026.
7. The petitioner will also be entitled to interest at the rate of 6% per annum from March 1, 2023, being the date of his entitlement, till the date of repayment. The rate of interest, being a reasonable rate, as afforded by the nationalized bank to fixed deposits.
8. With the aforestated directions, the writ petition is disposed of.
9. There will be no order as to costs.
10. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings.
(Reetobroto Kumar Mitra, J.)