Tripti Adhikari v. State Of West Bengal And ORS.

02.02.2026 Sl. No.22 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18152/2025 TRIPTI ADHIKARI VS STATE OF WEST BENGAL AND ORS.

Mr. Krishna Keshab Paul ...for the Petitioner.

Ms. Arpita Mondal ...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 direction upon the respondent authorities for disbursement of interest on gratuity and arrear pension in favour of the petitioner at the rate of 18% per annum from the date following the date of retirement of the petitioner's husband till the date of actual payment. 3.

The petitioner contends that the petitioner's husband, late Balaram Adhikari was a Head Teacher of Karulia Harizone F.P. School, who retired from service on superannuation on 31st March, 2009. The husband of the petitioner died on 17th May, 2017. The Pension Payment Order under ROPA-2009 was issued on 26th August, 2013. The gratuity and arrear pension was disbursed in favour of the petitioner's husband on 27th

September, 2013. However, no interest was paid on such delayed payment. Hence this writ petition. 4.

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

5.

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

6.

It is found that the petitioner's husband retired from service on 31st March, 2009 and the gratuity and arrear of pension was disbursed in favour of the petitioner's husband on 27th September, 2013. Hence, there is delay in payment of the aforesaid amount. It is the bounden duty of the State to disburse the retiral benefits to the employee forthwith failing which the employee is entitled to receive interest on delayed payment of gratuity and arrear of pension.

7.

Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.4-Treasury Officer, Katwa are directed to pay the interest at the rate of interest @ 8% per annum on gratuity and arrear pension in favour of the petitioner from the date following the date of retirement of the petitioner's husband on and from 1st April, 2009 till the date of issuance of the Pension Payment Order. Such payment is to be made within a period of eight weeks from the date of communication of this order.

8.

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.4, Treasury Officer, Katwa for necessary action.

9.

With the aforesaid directions, the writ petition being WPA 18152 of 2025 is disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

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.)