WPA/14975/2025 of INDRANI SARKAR Vs THE STATE OF WEST BENGAL AND ORS.

17th March, 2026 Item no.D/L 04 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 14975 of 2025 In the matter of : Ms. Indrani Sarkar …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Ms. Indrani Sarkar (appearing in-person) For the State: Mr. Sandip Sarkar Mr. Ritoban Sarkar ….Advocates 1. Leave granted to the petitioner appearing in-person to file vakalatnama in the department in course of the day. 2. The petitioner seeks certain service benefits. She retired from service on 28th February, 2018. 3. Prior to her retirement she approached the learned Tribunal seeking a direction upon the authority for consideration of her prayer to be posted as Special Secretary, Finance Department and subsequent promotion, if any. 4. The Original Application being O.A. No. 1523 of 2012 filed by the petitioner was withdrawn vide order dated 30 th August, 2017 as the petitioner submitted a written declaration to the effect that she did not wish to proceed with the same. 5. Thereafter, the petitioner filed further O.A being no. 985 of 2016 challenging the memo dated 6 th August, 2004. The application stood Page 2 dismissed by the learned Tribunal by holding the same to be time barred. 6. Challenging the order of dismissal of the Original Application, the petitioner filed WPST 138 of 2017 which also stood dismissed vide order dated 17 th December, 2020 affirming the order passed by the learned Tribunal. 7. Challenging the order passed in WPST 138 of 2017, the petitioner approached the Hon’ble Supreme Court by filing Petition for Sp ecial Leave to Appeal being number 5126 of 2021which stood dismissed by the Hon’ble Supreme Court on 2nd August, 2021. 8. The Hon’ble Supreme Court was, however, pleased to grant liberty to the petitioner to file representation before the competent authority seeking appropriate relief. The Court directed that if such a representation is filed by the petitioner, the authority shall consider and dispose of the same in accordance with law. 9. Relying on the leave granted by the Hon’ble Supreme Court, the petitioner filed representation before the Principal Secretary, Finance Department on 3rd September, 2021. 10. The petitioner thereafter continued making representations, given reminders to consider her request for treating her as a Direct Entrant of IAS 1978 Batch Officers. Allegation is that there is no response from the authority till date. 11. According to the respondents, the petitioner does not have the requisite eligibility criteria to be treated in the rank of Direct Entrant of IAS 1978 Batch Officers. 12. Whether the petitioner would be entitled to the relief as claimed has to be decided by the competent authority. Page 3 13. The instant writ petition stands disposed of by directing the competent authority of the State respondents to intimate the petitioner the fate of her representation seeking benefit of being treated in the rank of Direct Entrant of IAS 1978 Batch Officers at the earliest but positively within a period of eight weeks from the date of communication of this order. 14. The writ petition stands disposed of. 15. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)