SAMIR KUMAR GHOSH v. STATE OF WEST BENGAL AND ORS.
WPA/27792/2025 · 2026-09-15
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40638 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40638 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15-09-2026 Item No.7 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.27792 of 2025 Samir Kumar Ghosh -vs- The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Mr. Hare Krishna Haldar Mr. Biswarup Chatterjee …for the petitioner Mr. Indradeep Pal Mr. Ankit Kumar Mishra Ms. Sougata Pal Das …for the State Mr. Arindam Mondal Mr. Mrityunjoy Halder …for the headmaster
1. The petitioner was appointed as an assistant teacher in the year 1982 and thereafter promoted to the post of headmaster in the year 2004. Certain disputes cropped up between the petitioner and the school managing committee. The petitioner claims to have retired voluntarily from service in the year 2012. His allegation is that he has not been paid his terminal dues.
2. The petitioner has averred in his writ petition that he took away his service book and all other documents relating to his service. The petitioner is currently bed-ridden and requires immediate financial assistance for medical treatment.
3. Prayer has been made to direct the respondents to release his terminal dues.
4. On a perusal of the documents annexed to the writ petition and upon hearing the submissions
made on behalf of the petitioner and the State, it appears that there is no document annexed to the writ petition to show that the petitioner approached the concerned respondents with his prayer for releasing his terminal dues. He has only averred that he took away his service book and all documents relating to his service. In the absence of his service book, it will not be possible for the respondents to make his file for releasing terminal dues ready.
5. In view of the above, the instant writ petition is
disposed of with the observation that it will be open for the petitioner to file a comprehensive representation before the District Inspector of Schools (SE), North 24 Parganas at Barrackpore annexing all documents in support of his claim.
6. The petitioner would be obliged to produce his original service book before the aforesaid respondent for the purpose of calculation of his terminal dues.
7. On receipt of the representation from the petitioner along with all supporting documents, the DI of Schools shall afford an opportunity of hearing to the petitioner or his authorized representative and the representative of the school for calculating the terminal dues of the petitioner. The amount that is found due and payable shall be disbursed in favour of the petitioner without any delay.
8. A decision shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of submission of the representation along with all supporting documents to the DI of Schools. 2
9. It is made clear that the petitioner would be obliged to comply with all statutory formalities for disbursal of the terminal dues in his favour.
10. All parties are to act on the server copy of this
order duly downloaded from the official website of this court.
11. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]
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