27.08.2026 Item no.D/L 20 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 19924 of 2026 In the matter of: Sibaprakas Mukherjee …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Md. Hafiz Ali Mr. Manujendra Narayan Roy Mr. Gourav Haldar ….Advocates For the State: Mr. D.N. Roy, Ld. GP Mr. Guddu Singh Mr. Sourav Haldar ….Advocates 1. The petitioner is aggrieved that he is not getting the pension in spite of having served for more than the mandated qualifying period of ten years. 2. The petitioner has served the Government of West Bengal when he joined as Inspector of Co-operative Societies under the Co-operation Directorate on 1st June, 1979. 3. The trouble started when the petitioner was sent for deputation sometime in December, 1988 which has been extended from time to time till about 1990. 4. Though the petitioner’s case has been considered and rejected by a reasoned order dated 13th November, 2025, the issue of qualifying service rendered by the petitioner, thereby enabling him to receive pension has not been taken into account. Page 2 5. As submitted by Mr. M.N. Roy learned advocate for the petitioner that there are no pending disciplinary proceedings against the petitioner nor had any such proceedings ever been undertaken. 6. The confusion arose insofar as the period of lien was concerned and his repatriation to his parent cadre. Admittedly, the petitioner has retired in 2010 after serving for almost thirty one years. 7. In spite of these many years in service, this much is also admitted that after the expiry of the period of lien, the petitioner ought to have joined his designated service, which for whatever reasons are not relevant at this material time, the petitioner had not joined. 8. Mr. Roy, learned Government Pleader appearing with Mr. Singh learned advocate submits that the petitioner cannot be deprived of his pro-rata pension for the period of service from 1979 till expiry of the period of lien. 9. The concerned authority being the respondent no. 1 will issue the PPO (Pension Payment Order) in favour of the petitioner as he has rendered qualifying service to enable him to get pension at a pro-rata rate for the years of service rendered between 1979 till expiry of the period of lien. 10. The Pension Payment Order should be issued within September 30, 2026. The respondent no. 3 on the basis of such Pension Payment Order issued by respondent no. 1 will commence disbursement of the pension, gratuity and leave encashment (at the pro-rata rate) by October 15, 2026. 11. In the event of default, the petitioner will be entitled to receive interest at the rate of six percent per annum from October 1, 2026. Page 3 12. In view of the fact that the reasoned order dated 13th November, 2025 has not taken the issue of pro-rata rate of pension, gratuity and leave encashment of the petitioner, the said order is set aside. 13. With the aforestated directions, the writ petition stands disposed of. 14. There shall be no order as to costs. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)