MIRA SUR BANSHI BADAN MAITY vs STATE OF WEST BENGAL AND ORS. — WPA/21907/2025
Case under West Bengal Board of Primary Education Act ,1973 Section NA. Disposed: Contested--DISPOSED on 05th May 2026.
CNR: WBCHCA0440382025
Next Hearing
17th September 2025
Filing Number
WPA/21885/2025
Filing Date
10-09-2025
Registration No
WPA/21907/2025
Registration Date
11-09-2025
Judge
HON'BLE JUSTICE BIVAS PATTANAYAK
Coram
HON'BLE JUSTICE BIVAS PATTANAYAK
Bench Type
Single Bench
Category
GROUP A (WRIT MATTERS) ( 1 )
Sub-Category
Post Retirement 90 ( 10 )
Judicial Branch
MANDAMUS SECTION
Decision Date
05th May 2026
Nature of Disposal
Contested--DISPOSED
Acts & Sections
Petitioner(s)
MIRA SUR BANSHI BADAN MAITY
Respondent(s)
STATE OF WEST BENGAL AND ORS.
Hearing History
Judge: HON'BLE JUSTICE BIVAS PATTANAYAK
NEW MOTION
MOTION 1
MOTION 1
| Date | Purpose |
|---|---|
| 17-09-2025 | NEW MOTION |
| 05-05-2026 | MOTION 1 |
| 21-04-2026 | MOTION 1 |
Orders
The High Court at Calcutta allowed the writ petition and directed refund of Rs. 58,048/- with 8% per annum interest from January 17, 2002, holding that deducting alleged overdrawm pay from an employee's pension after retirement is impermissible under law as per the Supreme Court's Rafiq Masih precedent. The court rejected the State's delay argument, finding that relief could be granted despite the 24-year delay since no third-party rights were affected. This case analysis is maintained by casestatus.in based on publicly available court records.
The High Court at Calcutta allowed the writ petition and directed refund of Rs. 58,048/- with 8% per annum interest from January 17, 2002, holding that deducting alleged overdrawm pay from an employee's pension after retirement is impermissible under law as per the Supreme Court's Rafiq Masih precedent. The court rejected the State's delay argument, finding that relief could be granted despite the 24-year delay since no third-party rights were affected. This case analysis is maintained by casestatus.in based on publicly available court records.
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