Sufia Khatun v. State Of West Bengal And ORS.

08.12.2025 Sl. No.21 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18447/2025 SUFIA KHATUN VS STATE OF WEST BENGAL AND ORS.

Ms. Debjani Sahu ...for the Petitioner.

Mr. Abhijit Ghosh ...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 to disburse the interest amount towards delayed payment of gratuity and arrear pension.

3. The petitioner contends that the petitioner was an Primary School Assistant Teacher of 1 No Nutandiar Primary School, Sadar Nashipur, DistrictMurshidabad. The petitioner retired from service on superannuation on 30th June, 2018. The petitioner duly filled up pension booklet and submitted the same before the appropriate authority. The Pension Payment Order was issued on 7th September, 2020. On 25th September, 2020 the gratuity amount and arrear pension amount were disbursed in favour of the petitioner. However, no interest on delayed payment has been paid. Hence this writ petition.

4. Ms. Debjani Sahu, learned Advocate for the petitioner submits that interest on delayed payment of gratuity and arrear pension be allowed in favour of the petitioner.

5. Mr. Abhijit Ghosh, learned advocate for the State leaves the matter to the discretion of the Court.

6. It is found that the petitioner retired from service on 30th June, 2018. The Pension Payment Order for arrear pension and gratuity has been issued on 7th September, 2020 in terms of which payment of the amount has been made on 25th September, 2025. Hence, there is delay in disbursement of the amount. It is bounden duty of the State to disburse the pension and other retiral benefits within a specified period failing which the petitioner will be entitled to interest on delayed payment.

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, Lalbagh are directed to disburse the interest at the rate of 8% per annum on the gratuity and arrear pension from the date following the date of retirement of the employee concerned till the date of payment of the arrear pension and gratuity. The payment shall be made within a period of eight weeks from the date of communication of this order.

8. Learned advocate for the petitioner is directed to communicate this order to respondent No.2, Director of

Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent No.3, the Treasury Officer, Lalbagh, for necessary compliance.

9. With the above direction, the writ petition being WPA 18447 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.)