Md. Nazumuddin v. State Of West Bengal And ORS.

10.12.2025 Sl. No.14 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18449/2025 MD. NAZUMUDDIN VS STATE OF WEST BENGAL AND ORS.

Ms. Debjani Sahu ...for the Petitioner.

Mr. Amartya Pal ...for the State.

1.

Affidavit-of-service (wrong number i.e. WPA 14449 of 2025) filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for payment of interest towards delayed payment of gratuity amount and arrear pension from the date following the date of retirement till the actual payment of the arrear amount.

3.

The petitioner contends that he was appointed as Assistant Teacher in Kashemi Rahamania High Madrasah, District-Murshidabad. The petitioner retired from service on superannuation on 31st January, 2025 as a Headmaster of the said institution. The petitioner duly filled up his pension booklet and submitted the same before the appropriate authority prior to his retirement. The Pension Payment Order was issued on 13th May, 2025

and the gratuity amount and arrear pension amount were disbursed on 14th July, 2025. The petitioner seeks for necessary direction for payment of interest on delayed payment.

4.

Ms. Debjani Sahu, learned Advocate appearing for the petitioner submits that specific direction be issued upon the respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the respondent No.3, the Treasury Officer, Berhampore-I for disbursement of the interest on delayed payment of gratuity and arrear pension. 5.

Mr. Amartya Pal, learned advocate appearing for the State leaves the matter to the discretion of the Court. 6.

It is found that the petitioner retired from service on superannuation on 31st January, 2025. The Pension Payment Order was issued on 13th May, 2025 and the gratuity amount and arrear pension amount has been paid on 14th July, 2025. Hence, there is a delay in disbursement of the said amount. It is bounden duty of the State to disburse the pension and retiral benefits to the employee forthwith. Accordingly, the petitioner is entitled to interest on delayed payment of gratuity and arrear pension.

7.

In view of the above, the respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the respondent No.3, the Treasury Officer, Berhampore-I are directed to disburse the interest to the writ petitioner at the rate

of 8% per annum on the gratuity and arrear of pension from the date following the date of retirement till the date of actual payment of the gratuity and arrear of pension. The payment shall be made within a period of eight weeks from the date of communication of this order.

8.

The learned advocate for the 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 the respondent No.3, the Treasury Officer, Berhampore-I for necessary compliance.

9.

With the above direction, the writ petition being WPA 18449 of 2025 stands 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.)