Nilotpal Barman v. The State Of West Bengal And ORS.

06.01.2026 Sl. No.39(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17800 of 2025 Nilotpal Barman

Versus

The State of West Bengal & Ors.

Ms. Sudipa Banerjee ...for the Petitioner.

Ms. Molly Saha ...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 direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension from the date of retirement till the date of actual payment @ 18% per annum.

3.

The petitioner contends that he retired as a Head Teacher of Gobindapur Junior Basic School, DistrictUttar Dinajpur on 28th February, 2022. The Pension Payment Order was issued on 2nd March, 2023. The gratuity and arrear pension was received by the petitioner on 6th March, 2023. The petitioner claims interest on delayed payment of gratuity and arrear pension. Hence, this writ petition.

4.

Ms. Sudipa Banerjee, learned Advocate for the petitioner submits that there is delay in making payment of the

gratuity and arrear pension. The petitioner is entitled to get interest on the said amount from the date following the date of his retirement till the date of actual payment. 5.

Despite service, none appears on behalf of the State. 6.

Ms. Molly Saha, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Ms. Saha be regularised by the concerned authority.

7.

Let a copy of the writ petition along with its annexure be served upon Ms. Saha, learned Advocate for the State respondents.

8.

Ms. Molly Saha, learned Advocate for the State leaves the matter to the discretion of the Court.

9.

From the contention made in the writ petition, it is found that the petitioner received the gratuity and arrear pension after one year of his retirement. It is the bounden duty of the State to pay pension and retiral dues to the employee forthwith, failing which the employee is entitled to get interest on such delayed payment.

10. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Raiganj-II, Uttar Dinajpur are directed to disburse interest @ 8% per annum on the gratuity and arrear pension in favour of the petitioner from the date following the date of retirement till the date of actual payment within a

period of eight weeks from date of communication of this order.

11. 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, Raiganj-II, Uttar Dinajpur, for necessary compliance.

12. With the above direction, the writ petition being WPA 17800 of 2025 stands disposed of.

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

14. Interim order, if any, stands vacated.

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

16. There shall be no order as to costs.

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

18. 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.)