Md. Aftabuddin Sheikh v. The State Of West Bengal And ORS.

03.12.2025 Sl. No.16(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 14669 of 2025 Md. Aftabuddin Sheikh

Versus

The State of West Bengal & Ors.

Mr. Arun Khutia ...for the Petitioner.

Mr. Siddhartha Ghosh ...for the State.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for interest on delayed payment of gratuity from the date following the date of retirement till the date of actual payment.

3.

The petitioner contends that he was a Headmaster of Kamurdiar N.H. High Madrasah, Police StationDomkal, District-Murshidabad and retired on superannuation on 31st August, 2023. The Pension Payment Order was issued on 6th November, 2024 after a lapse of 14 months after retirement. Gratuity amount was received on 19th November, 2024. The petitioner seeks for interest on gratuity from the date following the date of retirement till the date of actual payment.

4.

Learned Advocate for the State leaves the matter to the discretion of the Court.

5.

It is now settled law that the petitioner is entitled to get interest on delayed payment of gratuity since the petitioner received the gratuity after 14 months of his retirement.

6.

In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I are directed to disburse interest @ 8% per annum on the gratuity in favour of the petitioner from the date following the date of retirement till the date of actual payment within a period of six weeks from date of communication of this order.

7.

Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I, for necessary compliance.

8.

With the above direction, the writ petition being WPA 14669 of 2025 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10.

Interim order, if any, stands vacated.

11.

All connected applications, if any, stand disposed of. 12.

There shall be no order as to costs.

13.

Statement of facts furnished by the District Inspector of Schools (Primary Education), Purulia dated 14th June, 2024 is taken on record.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)