ASIT BARAN MANDAL v. STATE OF WEST BENGAL AND ORS.
WPA/14755/2026 · 2026-07-27
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30572 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30572 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
M/L 634 27.07.2026 Court No.24 SD
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION
WPA 14755 of 2026
Asit Baran Mandal Vs. The State of West Bengal & Ors.
Ms. Sanchayita De … for the Petitioner. Ms. Mary Datta Ms. Sneha Chatterjee … for the State.
1. Affidavit of service filed in Court today be kept with the records.
2. The petitioner is the widow of a deceased teacher. The teacher died-in-harness on October 17,
2020.
3. At the time of disbursal of her terminal dues, certain amount was deducted on account of overdrawal of salary. The overdrawal amount appears to have been paid to the deceased teacher on account of salary for 14 days from October 18, 2020 till October 30, 2020.
4. Learned advocate for the petitioner is unable to provide any explanation as to why salary has to be paid to an employee after her death. An employee would be eligible for receiving salary for the period he/she is alive and rendered service. No salary can be expected to be paid after the death of the employee.
5. The Court is of the opinion that the overdrawal amount has been rightly deducted from the terminal dues of the petitioner as the salary for the entire
2 month of October was already disbursed in favour of the teacher prior to her death. The balance period when which the teacher expired she cannot be entitled to receive any salary. The teacher has been paid her salary till the date of her death.
6. In view of the above, no relief can be granted to the petitioner in the instant case. The writ petition fails and is hereby dismissed.
7. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.
(Amrita Sinha, J.)