16th Sept., 2026 Item no.D/L 08 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 15796 of 2026 In the matter of: Sasadhar Sangiri …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Samir Kumar Adhikari ….Advocate 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner retired on attaining the age of superannuation on 30th November, 2009 after rendering total service of nine years and seven months. There is shortfall of five months to complete ten years of service for entitlement of pension. 3. Reliance has been placed on the memorandum of the School Education Department being No.26-SE(B)/1M-13/08 dated February 2, 2009 which stipulates that “fraction of a year equal to three months and above shall be treated as completed six monthly period of service and reckoned as qualifying service for determining retirement benefits and the period of service below three months will be ignored”. 4. The petitioner submits that he will be covered by the aforesaid memorandum and his terminal benefits be disbursed forthwith. 5. A representation from the petitioner seeking the pensionary benefit is alleged to be kept pending before the respondent authorities. Page 2 6. None appears on behalf of the State respondents despite service. In the absence of the learned advocate for the State, it is not possible for the Court to decide the issue conclusively. 7. As the petitioner claims to be covered by the memorandum dated 2nd February, 2009 as mentioned hereinabove, accordingly, the instant writ petition is disposed of by directing the District Inspector of Schools to take into consideration the petitioner’s prayer seeking condonation of her pensionable service period in line with the West Bengal Service (Death-cum-Retirement Benefit) Rules, 1971 and pass a reasoned order in the matter and communicate the same to the petitioner. 8. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. 9. If the prayer of the petitioner is allowed then necessary consequential steps for releasing pension shall be taken without any further delay. 10. Learned advocate representing the petitioner is directed to forward a copy of the subject representation along with all other supporting documents to the aforesaid respondent at the time of communicating the order of the Court. 11. The writ petition stands disposed of. 12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 13. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)