SRI CHANCHAL CHATTERJEE v. THE STATE OF WEST BENGAL BEFORE & Ors.

APPEARANCE: Mr. Abhijit Mukherjee, Adv. Mr. P. Chaturvedi, Adv. Mr. V. Chaturvedi, Adv. …for the petitioner. Mr. N. G. Khaitan, Adv. Mr. Nikhil Jhunjhunwala, Adv. Mr. Lokenath Chatterjee, Adv. …for the State. The Court: The petitioner is aggrieved that he has not been paid the increments, due and payable to him in terms of the recommendations of the “Shetty Commission”. The ostensible reason for refusing to pay such increments to the petitioner is that the Government was contemplating a disciplinary proceeding against the petitioner. Even, as late as June 5, 2025, as will appear from the order of the Chief Judicial Magistrate, Calcutta, the matter was directed to be placed before the concerned authority to obtain sanction from His Excellency, the Governor of West Bengal. In terms of the West Bengal Services (Death -cum- Retirement Benefit) Rules, 1971, proceedings may be initiated post-retirement against an 2 employee, only if the incident complained of occurred within a maximum period of four years prior to the date of institution of the proceedings. In the present case, there are two disabling factors. First, the petitioner has retired in 2011. The proceedings have not yet been initiated as no sanction has been obtained from the Governor or at least nothing has been placed on record to show that sanction has been granted from His Excellency, the Governor. Second, the incident complained of relates back to the year 2003. Thus, since there is no institution as of date, the threshold limit of four years prior to the date of institution has long lapsed. During the course of arguments, Mr. Jhunjhunwala, learned Advocate appearing for the State respondent submits a document being a letter dated July 18, 2012, a copy whereof is kept on record from the learned Chief Judge, City Sessions Court, Calcutta to the Registrar General of this Hon’ble Court asking for sanction to be obtained from the Hon’ble Governor. However, there is not follow-up till about 2025 and there is certainly no sanction. In view of the aforestated, there has been no institution of the proceedings against the petitioner, since the same can start only upon receipt of sanction from the Hon’ble Governor. In view of the aforestated, the writ petition is allowed to the extent of reliefs as prayed for in prayer (b) of the writ petition. The authority will complete the entire process of fixing the arrears on account of revised pension and re-fixation within a period of twelve weeks from date. The petitioner will be paid all such arrears along with interest at the rate of 6% per annum within a period of four weeks thereafter. 3 With the aforestated directions, the writ petition is disposed of. No order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (REETOBROTO KUMAR MITRA, J.) KB AR(CR)