Akhtar Hossain v. State Of West Bengal And ORS.

07.01.2026 Sl. No.14 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18882/2025 AKHTAR HOSSAIN VS STATE OF WEST BENGAL AND ORS.

Ms. Arpita Saha ...for the Petitioner.

Ms. Soma Chakraborty ...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 on delayed payment of gratuity and arrear pension amount from the date following the date of retirement till the date of actual payment @ 18% per annum.

3.

The petitioner contends that he was appointed as Assistant Teacher in Chitholia H.S.N. High Madrasah. The petitioner retired from service on superannuation on 31st March, 2022 after rendering service of 25 years. The Pension Payment Order was issued in favour of the petitioner on 1st September, 2022. The gratuity and arrear amount was disbursed in favour of the petitioner on 6th November, 2022. However, no

interest has been paid on the delayed payment. Hence this writ petition.

4.

Ms. Arpita Saha, learned advocate for the petitioner submits that since there was delay in making payment of the gratuity and arrear pension amount, the petitioner is entitled to interest on delayed payment from the date following the date of retirement till the date of actual payment.

5.

Ms. Soma Chakraborty, learned advocate for the State leaves the matter to the discretion of the Court. 6.

It is found from the contention of the writ petition that the petitioner retired from service on 31st March, 2022. The Pension Payment Order was issued in favour of the petitioner on 1st September, 2022 and the gratuity and arrear pension amount has been paid on 6th November, 2022. As such, there is delay in making payment of the said amount, hence the petitioner is entitled to interest on 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, Chanchal are directed to pay the interest @ 8% per annum on the gratuity and arrear pension amount in favour of the petitioner from the date following the date of retirement till the date of actual payment. 8.

Such payment is to be made within a period of eight weeks from the date of communication of this order.

9.

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, Chanchal for necessary action.

10.

With the aforesaid directions, the writ petition being WPA 18882 of 2025 is disposed of.

11.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of. 14.

There shall be no order as to costs.

15.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16.

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.)