25.08.2026 Sl. No.47 Ct.-14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 28242 of 2025 Sekhar Kumar Das @ Sekhar Das -Vs- The State of West Bengal & Ors. Mr. Malay Bhattacharyya …. For the petitioner. Mr. Avishek Prasad Ms. Shreyasi Manna … for the DPSC, Malda 1. Report filed by the Chairman, District Primary School Council, Malda dated 21st August, 2026 is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities for release of pension and other pensionary benefits as also arrear pension with statutory interest thereon. 3. The petitioner contends that he was an Assistant Teacher of a primary school under Malda District Primary School Council. The petitioner retired from service on superannuation on 31st January, 2010. During his service tenure the petitioner was implicated in English Bazar Police Station Case No.248 dated 29.06.2007 under Section 3/4/5/6/7 of the Immoral Traffic (Prevention) Act, 1956. The petitioner was arrested in connection with the aforesaid criminal case. Since the petitioner was in custodial detention for more than 48 hours he 2 was suspended from service. The petitioner superannuated while he was under suspension. However, till date the respondent authorities did not grant pension in favour of the petitioner. Hence, this writ petition. 4. Mr. Malay Bhattacharyya, learned Advocate appearing on behalf of the petitioner submits that the petitioner has been granted provisional pension pursuant to order of this Hon’ble Court in WP 1789(W) of 2010 passed on 26th July, 2010 and the same has been continued for two years, i.e., from 1st February, 2010 to 31st January, 2012. No such provisional pension has been granted thereafter. Relying on the decision of the Coordinate Bench of this Hon’ble Court passed in WPA 6171 of 2022 (in re: Sri Sukdeb Haldar vs. The State of West Bengal & ors.), he submits that as the offence of the petitioner had no nexus with his service and there is no allegation of pecuniary loss of the Government by the petitioner during his service tenure, the terminal benefit of the petitioner should not be withheld by the authority concerned. On 28th August, 2025 the petitioner submitted representation before the District Inspector of Schools (PE), Malda, respondent no.4 for redressal of his grievance. However, no steps have been taken as yet. He seeks that the matter be relegated to the appropriate authority for 3 taking a decision on the representation of the petitioner. 5. Mr. Avishek Prasad, learned Advocate representing the Malda District Primary School Council submits that the petitioner has been charged in a criminal proceedings under the provisions of Immoral Traffic (Prevention) Act, 1956, which is directly related to moral turpitude. Rule 19(3) of the West Bengal Primary Education Employees’ (Death-cum-Retirement Benefit) Rules, 2009 (hereinafter referred to as ‘the Rules of 2009’) authorizes the pension sanctioning authority to withhold pension in certain cases particularly when a criminal proceeding involving moral turpitude is pending in a court of law. Be that as it may, since the authority is yet to take a decision on petitioner’s representation, he submits that the matter be relegated to the appropriate authority. 6. In view of submissions advanced on behalf of the respective parties, the respondent no.4, the District Inspector of Schools (PE), Malda is directed to consider the representation of the petitioner dated 28th August, 2025 and decide the same, in accordance with law, upon notice to the parties and pass a reasoned order within a period of six weeks from the date of communication of this order. 4 7. The reasoned order shall be communicated to the petitioner within a period of one week from the date of passing of such reasoned order. 8. The petitioner is directed to communicate this order to the respondent no.4, the District Inspector of Schools (PE), Malda, for necessary compliance. 9. With the above direction, the writ petition being WPA 28242 of 2025 stands disposed of. 10. It is made clear that this court has not gone into the merits of the writ petition. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)