Kalidashi Baur v. The State Of West Bengal And ORS.

16.02.2026 Sl. No. 59 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/19432/2025 KALIDASHI BAUR VS THE STATE OF WEST BENGAL AND ORS.

Ms. Sudipa Banerjee ...for the Petitioner Mr. Arka Mondal ...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 for disbursement of interest on delayed payment of gratuity and arrear pension from the date following the date of retirement of the husband of the petitioner till the date of actual payment at the rate of 18% per annum.

3.

The petitioner contends that the petitioner's husband was appointed as an Assistant Teacher in Khanrapara Free Primary School, Post Office Khari, District South 24 Parganas, who retired from service on superannuation on 30th November, 1998 and died on 12th June, 2022. The pension payment order was issued in favour of the petitioner's husband on 26th March, 2002. The gratuity and arrear pension was disbursed in favour of the petitioner's husband on 9th

October, 2002. However, no interest on the aforesaid amount has been paid in favour of the petitioner's husband. Hence this writ petition.

4.

Ms. Sudipa Banerjee, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and arrear pension and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension. She seeks for appropriate orders.

5.

Mr. Arka Mondal, learned advocate representing the State leaves the matter to the discretion of the Court. 6.

Though there is delay in making such claim, however, the delay per se cannot defeat the valuable right of the petitioner. Relief may be granted to the writ petitioner in spite of the delay if it does not affect the right of third parties. (See: Union of India vs. Tarsem Singh reported in (2008) 3 SCC 648).

7.

From the aforesaid contentions made in the writ petition, it is found that there is considerable delay in disbursement of the gratuity and arrear pension. It is the bounden duty of the State to disburse all the pensionary benefits to the employee forthwith, failing which the employee is entitled to interest on the aforesaid amount.

8.

Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Diamond Harbour are directed to

disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension in favour of the petitioner by way of pensionary benefits from the date following the date of retirement of her husband till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

9.

Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Diamond Harbour for necessary compliance.

10.

With the aforesaid directions, the writ petition being WPA 19432 of 2025 is disposed of.

11.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 12.

Consequently, connected applications, if any, stand disposed of.

13.

Interim orders, if any, stand vacated.

14.

There shall be no order as to costs.

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.)