Bimala Kisku And ORS v. State Of West Bengal And ORS.

09.02.2026 Sl. No.65 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18535 of 2025 Bimala Kisku & ors.

Versus

The State of West Bengal & Ors.

Ms. Jonaki Saha ...for the Petitioners.

Md. Ziaur Rahaman ...for the State.

1.

Affidavit-of-service filed on behalf of the petitioners is taken on record.

2.

By the present writ petition, the petitioners seek direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension amount from the date following the date of death of the deceased employee till the date of actual payment @ 18% per annum in favour of the petitioners.

3.

The deceased employee is the husband of the petitioner no.1 and father of the petitioner nos.2 and 3 and son of the petitioner nos.4 and 5. The petitioners contend that the deceased employee was a Head Teacher in Deulbhira Primary School, P.O.- Dhanara, District-Bankura, who died in-harness on 1st June, 2022. The pension payment order was issued on 30th July, 2023. The gratuity and arrear pension amount was disbursed to the petitioners on

21st August, 2023. However, no interest on delayed payment of gratuity and arrear pension amount has been paid. Hence, this writ petition.

4.

Ms. Jonaki Saha, learned Advocate appearing for the petitioners submit that since there was delay in disbursement of the gratuity and arrear pension amount, the petitioners are entitled to interest from the date following the date of death of the deceased employee till the date of actual payment.

5.

Md. Ziaur Rahaman, learned Advocate for the State leaves the matter to the discretion of the Court. 6.

It is found from the contention in the writ petition that there is delay in disbursement of the gratuity and arrear pension amount. Hence, the petitioners are entitled to interest on the aforesaid amount. 7.

Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Khatra is directed to disburse interest @ 8% per annum on the gratuity and arrear pension amount in favour of the petitioner from the date following the date of death of the deceased employee till the date of actual payment, within a period of eight weeks from the date of communication of this order.

8.

Learned Advocate for the petitioners is directed to communicate this order to the respondent No.2 Director of Pension, Provident Fund and Group

Insurance and the respondent no.3, Treasury Officer, Khatra, for necessary compliance.

9.

With the aforesaid direction, the writ petition being WPA 18535 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.

(Bivas Pattanayak, J.)