24/08 2026 AD/09/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/18691/2026 AJIT KUMAR BARMAN & ANR. VS THE STATE OF WEST BENGAL & ORS. Mr. Anjan Bhattacharya, Advocate Ms. Anita Shaw, Advocate Ms. Seema Thakur, Advocate ……for the Petitioner Ms. Ranjana Chatterjee, Advocate Mr. Samrat Dey Paul, Advocate ……for the State 1. Affidavit of service, as filed, be kept with the record. 2. The petitioners were in service as a ‘Group-D’ in the Irrigation Department of the Government of West Bengal since July 24, 2014. The petitioners both retired on 30.04.2025. 3. As is evident, there was a shortfall of service of both petitioners, thus disabling them from getting pension. However, the shortfall of both petitioners is below six months from completing the mandated 10 years of service. 4. The petitioners have thereafter pursued their rights and after several rounds of litigation, in terms of the direction given by the West Bengal State Administrative Tribunal, the claim was considered and rejected on 19.08.2025. The rejection was on the ground that Rule 36 of the West Bengal Service (Death-Cum-Retirement Benefits) Rules, 1971 (in short DCRB Rules) does not cover the case of the petitioner, as the petitioner does not fall under the invalid or compensation pension. 5. It is this order of rejection of 19.08.2025 that has been challenged in this writ-petition. 6. Clearly, the impugned order is misdirected. It does P a g e | 2 not consider the decision of this Hon'ble Court in Tapan Kumar Mondal vs. State of West Bengal (WPST 20 of 2024) which has been upheld by the Hon’ble Supreme Court of India. The decision is clear and unequivocal, inasmuch as Rule 36 of the DCRB Rules has been held to be applicable to such claims which do not fall within the purview of invalid or compensation pensions, 7. The power of condonation granted under Rule 36 is explicit and since the condonation sought for by the petitioners below 6 months, there is no reason as to why such delay cannot be condoned. 8. In view of the afore-stated, the order dated 19.08.2025 is set aside. 9. The Principal Secretary, Irrigation and Waterways Department, Government of West Bengal, is directed to condone the delay, exercising the discretionary powers entailed in Rule 36 of the DCRB Rules, 1971, and grant the necessary benefits to the petitioner within a period of 12 weeks from the date of communication of this order. 10. With the afore-stated directions, the writ-petition is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.) P a g e | 3