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.

Case disposed Next hearing 17-Sep-2025

CNR: WBCHCA0440382025

Filing Number

WPA/21885/2025

Filing Date

10-Sep-2025

Registration No

WPA/21907/2025

Registration Date

11-Sep-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

05-May-2026

Nature of Disposal

Contested--DISPOSED

Last updated 03-Jun-2026

Acts & Sections

West Bengal Board of Primary Education Act ,1973 Section NA

Petitioner(s)

  1. 1.MIRA SUR BANSHI BADAN MAITY

Respondent(s)

  1. 1.STATE OF WEST BENGAL AND ORS.

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Hon'ble Justice Bivas PattanayakView PDF

    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.

  3. 05-May-2026

    Motion 1

    Hon'ble Justice Bivas Pattanayak

  4. 21-Apr-2026

    Hon'ble Justice Bivas PattanayakView PDF

  5. 21-Apr-2026

    Motion 1

    Hon'ble Justice Bivas Pattanayak

  6. 07-Apr-2026

    Hon'ble Justice Bivas PattanayakView PDF

  7. 17-Sep-2025

    First hearing

    Initial hearing scheduled

  8. 10-Sep-2025

    Case filed

    Registration No. WPA/21907/2025

casestatus.in Summary

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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