1 WPA 1218 of 2026 A.Roy, J. Form J(2) Sl.No.23 Sc In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 1218 OF 2026 Chandana Sarkar Chaki Vs. The State of West Bengal & Ors. For the petitioner : Mr. Debanjan Das, Adv. Ms. Sukanya Bhaumik, Adv. Mr. Samrat Acharya, Adv. For the Respondent State : Ms. Radhika Agarwal, Adv. Ms. Somdutta Patra, Adv. For the Respondent Municipality : Mr. Pretome Das, Adv. Mr. Abhishek Sen, Adv. Heard on : August 21, 2026 Judgment on : August 21, 2026 [In Court] Aniruddha Roy, J. : 1. Affidavit-of-service, filed in Court today, is taken on record. 2. Mr. Debanjan Das, learned Advocate appears for the petitioner. 3. Ms. Radhika Agarwal, learned Advocate with Ms. Somdutta Patra, learned Advocate appears for the State. 2 WPA 1218 of 2026 A.Roy, J. 4. Mr. Abhishek Sen, learned Advocate appears for the respondent Municipality. 5. Petitioner though retired on July 31, 2023 but till date has not received her Provident Fund, Gratuity and other retiral emoluments, save and except she has been receiving pension pursuant to the Pension Payment Order dated September 24, 2025, Annexure-P2 at page 22 to the writ petition. 6. The petitioner has submitted a representation dated December 10, 2025 which has not been considered. 7. In view of the above, following directions are made : a) The petitioner shall forthwith serve a copy of the writ petition along with a copy of today’s order upon the respondent no.3 and respondent no.8; b) Upon receiving a copy of the order, the respondent 3 upon issuing a prior hearing notice of at least seven days to the petitioner and the respondent no.8 and after granting them an opportunity of hearing shall decide the representation of the petitioner dated December 10, 2025, Annexure – P4 at page 25 to the writ petition by passing a reasoned order in accordance with law in the light of the case made out in the writ petition; 3 WPA 1218 of 2026 A.Roy, J. c)Entire exercise shall be carried out and completed by the respondent no.3 positively within four weeks from the date of communication of this order and the reasoned order then shall be communicated to the petitioner and the respondent no.8 positively within a week from the date of the said reasoned order to be passed; d) It is needless to mention that, the petitioner shall be entitled to be accompanied with an authorized representative of her during the hearing; e) After the reasoned order is passed, calculation shall be made on an from August 1, 2023 along with interest @8% per annum until the amount is actually tendered to the petitioner. f) The reasoned order then shall immediately be communicated by the respondent no.3 to the respondent no.2 positively within four weeks from the date of the said reasoned order to be passed. g) The respondent no.2 immediately after receiving the reasoned order shall calculate the quantum as mentioned above and shall send and transmit the records to the jurisdictional Treasury Officer where the jurisdictional Treasury Officer positively within a period of three weeks from the date of receiving the reasoned 4 WPA 1218 of 2026 A.Roy, J. order from the respondent no.2 shall release the payment and pay the petitioner by crediting her Bank Account directly through electronic mode for both arrear and interest. h) While carrying out the aforesaid exercise, the State Authorities must bear in mind that, the pensionary benefit is the property of the petitioner and any further withholding of it unless permitted in law otherwise will be a serious offence. 8. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 9. With the above observations and directions the writ petition, WPA 1218 of 2026 stands disposed of, without any order as to costs. 10. Parties shall act on the server copy of this order duly obtained from the official website of this Court. 11. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)