Jibon Kumar Ghosh v. Burdwan Municipality And ORS.

17.03.2026 Sl. No. 21 Ct. No. 03 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15849 of 2025 Jiban Kumar Ghosh

Versus

The Burdwan Municipality & Ors.

Mr. Partha Sarkar, Mr. Abhijit Basu, Ms. Megha Sarkar, ... For the petitioner.

Mr. Subhasis Bandopadhyay, ... For the Municipality.

1.

The instant writ petition has been filed complaining inaction on the part of the Burdwan Municipality in not releasing the arrear pension and gratuity as payable to the petitioner.

2.

Records would reveal that the petitioner was an employee of Burdwan Municipality. He retired from service upon attaining the age of superannuation on 31st May, 2017.

3.

Following the above, a Pension Payment Order (PPO) was issued on 23rd December, 2021.

4.

When the matter came up for consideration by an order dated 12th August, 2025, a Coordinate Bench of this Court had granted an opportunity to respondents to file a report. Pursuant to such leave, the municipality has filed a report which is taken on record.

5.

From the aforesaid report, it would transpire that the outstanding amount of gratuity is Rs.1,10,183/- and the outstanding amount of arrear pension is Rs.12,090/-.

WPA 15849 of 2025

6. Having heard the learned advocates appearing for the respective parties, I am of the view that since the aforesaid amount is admitted, the municipality must forthwith make payment of the same. It is well-settled that gratuity cannot be held back without just cause and must be paid immediately upon retirement. Accordingly, I direct the municipality to disburse the outstanding gratuity amount along with statutory interest at the rate of 10 per cent per annum on the entire outstanding sum calculating from the date when the same became due i.e. on his retirement till such time the same is actually paid.

7. Insofar as arrear pension is concerned, the admitted arrear pension as noted above shall also carry an interest at the rate of 6 per cent per annum.

8. Accordingly the municipality is directed to make payment of the entire sum as directed within a period of eight weeks from the date of communication of this order.

9. With the above observations and directions, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)