Chhaya Roy v. State Of West Bengal And ORS.

09.02.2026 Sl. No.28 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18292/2025 CHHAYA ROY VS STATE OF WEST BENGAL AND ORS.

Ms. Jonaki Saha ...for the Petitioner.

Mr. Sujoy Ash ...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 till the date of actual payment.

3.

The petitioner contends that the petitioner was appointed as Head Teacher in Putunda Nitya Gopal Junior Basic School, District-Purba Bardhaman. The petitioner retired from service on superannuation on 30th June, 2023. Pension Payment Order was issued on 9th January, 2024. The gratuity and arrear pension was disbursed in favour of the petitioner on 11th February, 2024. However, no interest was paid on such delayed payment. Hence this writ petition.

4.

Ms. Jonaki Saha, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of gratuity and arrear of pension. 5.

Mr. Sujoy Ash, learned advocate for the State leaves the matter to the discretion of the Court.

6.

From the contention made in the writ petition, it is found that the petitioner received gratuity and arrear pension after 8 months of her 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.

7.

Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3-Treasury Officer, Burdwan-I 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 till the date of actual payment. 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.3, Treasury Officer, Burdwan-I for necessary action.

9.

With the aforesaid directions, the writ petition being WPA 18292 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.)