Renuka Datta v. State Of West Bengal And ORS.

04.11.2025 Sl. No.36 Ct. No.7 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18498 of 2025 Renuka Datta

Versus

The State of West Bengal & Ors.

Ms. Sudipa Banerjee Mr. Banshi Badan Maity ...for the Petitioner.

Mr. Rinku Sen ...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 for direction upon respondent authorities for disbursement of interest amount on pensionary benefits including arrears of pension.

3.

The petitioner's husband was an Assistant Teacher at Nilpura Primary School who died in harness on 10th January, 1972. The Pension Payment Order was issued on 20th July, 2016. The pensionary benefits including the gratuity and arrear pension have been granted to the petitioner on 19th August, 2016 without there being payment of any interest on such pensionary benefits. Hence, this writ petition. 4.

Ms. Sudipa Banerjee, learned Advocate for the petitioner submits that it is settled law that an employee, who has retired from service, is to get his

retiral dues on the date of attainment of superannuation. Since the pensionary benefits were granted belatedly, the petitioner is entitled to interest on the delayed payment.

5.

Mr. Rinku Sen, learned Advocate for the State leaves the matter to the discretion of this Court.

6.

It is not in dispute that the pensionary benefits have been disbursed on 19th August, 2016. It is the bounden duty of the State to release pensionary benefits on the due date. If it has failed to do so, it is obliged to pay interest on such amount.

7.

In view of the aforesaid, the respondent no.2, the Director of Pension, Provident Fund and Group Insurance and respondent no.3, the Treasury Officer, Kharagpur are directed to pay the interest @ 8% per annum on the amount of pensionary benefits in favour of the petitioner on and from 19th August, 2016 till the date of actual payment.

8.

Petitioner is directed to communicate this order to the respondent no.2, the Director of Pension, Provident Fund and Group Insurance and respondent no.3, the Treasury Officer, Kharagpur for necessary action. 9.

With the above direction, the writ petition being WPA 18498 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.)