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2026 DAILYLAW 3846 (CAL)

RADHANATH MAJHI v. STATE OF WEST BENGAL AND ORS.

WP.ST/222/2025 · 2026-02-11

Madhuresh Prasad, Prasenjit Biswas

body2026

Judgment text

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11th February, 2026 (D/L No.31) Ct. No.4 (SKB) W.P.S.T. 222 of 2025 Radhanath Majhi Versus The State of West Bengal and others Mr. Lalratan Mandal, Mr. Dilip Kumar Sadhu … for the petitioner. Mr. Amal Kumar Sen, ld. AAG., Mr. Amitava Chaudhuri … for the State. 1. There appears to be an issue raised by the writ petitioner that for want of his Service Book, his retiral dues were not being finalized. The same ingis apparent from the order of the West Bengal Administrative Tribunal (in short „Tribunal‟) dated 09.12.2024 passed in O.A. No.637 of 2023. On this date, the respondents informed the Tribunal that necessary steps to reconstruct the Service Book was being taken. 2. The Tribunal was of the view that the Service Book be reconstructed within 60 days from the date of communication of the order. The Tribunal further was of the view that the Director of Agriculture and Ex-Officio Secretary, Department of Agriculture, Government of West Bengal being the respondent no.2, should thereafter consider the prayer of the 2 applicant/petitioner for sanction and release of pension. The Tribunal further directed for listing the matter under the heading “For Orders”. The matter was thereafter listed under the heading “For Orders” on 06.05.2025 before the Tribunal. The present writ petition has been filed, since the Tribunal is not functioning as there is no member in the Tribunal. 3. When the matter was taken up last, this court taking into consideration the orders passed in the petitioner‟s earlier Original Application bearing O.A. No.167 of 2021 and the above noted orders passed in the pending O.A.637 of 2023 made certain queries from the learned AAG. 4. On 03.12.2025, the learned AAG submitted a report dated 02.12.2025 wherein the Director of Agricultural stated that steps were being taken for reconstruction of the petitioner‟s Service Book so as to ensure payment of due and admissible retiral benefits. 5. The court observed that the authorities should expedite the issue and make all endeavours to complete the process. 6. Today, when the matter is taken up, copies of two communications dated 05.01.2026 and 19.01.2026 issued by the Joint Secretary to the 3 Government of West Bengal and Assistant Director of Agriculture (Admn.), Sadar Sub- Division, Purulia, respectively are handed over to the court after service upon the learned advocate for the applicant/petitioner. 7. From perusal of the letter dated 05.01.2026, it appears that the Joint Secretary informed the Additional Director of Agricultural (Admn.) & Ex- Officio Special Secretary, Government of West Bengal, that the petitioner‟s Service Book, was prepared/reconstructed by the competent authority. The Service Book, alongwith all relevant pension papers were therefore directed to be duly attested by the Pension Sanctioning Authority and sent to the office of the Principal Accountant General (A&E), West Bengal, for finalization of pension of the writ petitioner, who retired in November, 2013. 8. As a sequel to the letter dated 05.01.2026, the Assistant Director forwarded the relevant papers for superannuation pension, gratuity, commutation, value of pension and family pension for issuance of necessary admissibility report and for sanction order with regard to the grant of pension, gratuity etc. to the Principal Accountant General (A&E), West Bengal, on 19.01.2026. 4 9. Since all steps have been taken for grant of due and admissible pensionary benefits to the writ petitioner by the State authorities, the issue now lies in the office of the Principal Accountant General (A&E), West Bengal. The Principal Accountant General (A&E), West Bengal, is now to process the petitioner‟s claim for grant of admissible benefits and, therefore, the court is of the view that any further order in this regard is not required to be passed by the court, since the issue is now to be considered and processed by the office of the Accountant General. 10. However, considering the fact that the petitioner‟s retirement was way back in November, 2013, we consider it appropriate that the Accountant General shall proceed with the matter based on the communication dated 19.01.2026, sent to the office of the Principal Accountant General (A&E) on 19.01.2026 and take a final decision and steps for payment of amounts found admissible under various heads, within a reasonable period, i.e. four weeks from the date of receipt/production of a copy of this order before the Principal Accountant General (A & E), West Bengal. The amount found inadmissible would be required to be disposed of under intimation to the petitioner by a reasoned 5 and speaking order to be passed within the above timeframe. 11. The learned AAG further points out that even in the event any amount is found admissible, the payment would be dependent upon discharge of certain formalities by the beneficiary (petitioner). It is needless to say that the petitioner would be eager and obliged to extend full cooperation in this regard. 12. The writ petition is, thus, disposed of. 13. In view of disposal of the writ petition in the above terms, there is no dispute that nothing survives in the Original Application being O.A. No.637 of 2023 pending before the West Bengal Administrative Tribunal. Accordingly, the O.A.637 of 2023 also stands disposed of. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)