Mali Banerjee v. The State Of West Bengal And ORS

06.01.2026 Sl. No.32 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17780/2025 MALI BANERJEE VS THE STATE OF WEST BENGAL AND ORS.

Mr. Sudipta Maiti ...for the Petitioner.

1.

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

2.

By the present writ petition the petitioner seeks direction upon the respondent authorities to disburse the interest on delayed payment of gratuity and arrear pension from the date of entitlement till the date of actual payment along with interest at the rate of 18% per annum.

3.

The petitioner contends that he was an approved Head Teacher of Kayma Prathamik Vidyalaya, P.O. - Kayma, District - Paschim Medinipur and retired from service on superannuation on 31st March, 2021. The Pension Payment Order was issued in favour of the petitioner on 9th December, 2021. The gratuity and arrear of pension was disbursed in favour of the petitioner on 20th March, 2022. However, no interest was paid on such delayed payment. Hence this writ petition.

4.

Mr. Sudipta Mati, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of gratuity and arrear of pension.

5.

None appears on behalf of the State.

6.

Ms. Neelam Singh, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised.

7.

The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms. Neelam Singh, learned advocate for the State.

8.

Ms. Singh, learned advocate for the State leaves the matter to the discretion of the Court.

9.

In view of the contentions raised in the writ petition, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3-Treasury Officer, Midnapore are directed to pay the interest @ 8% per annum on gratuity and arrear pension in favour of the petitioner on and from 1st April, 2021 till the date of issuance of the Pension Payment Order.

10.

Such payment is to be made within a period of eight weeks from the date of communication of this order.

11. Petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Midnapore for necessary action.

12.

With the aforesaid directions, the writ petition being WPA 17780 of 2025 is 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.)