Chandana Mandal And ORS. v. State Of West Bengal And ORS.
16.02.2026 Sl. No.100 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19905 of 2025 Chandana Mandal & ors.
Versus
The State of West Bengal & Ors.
Mr. Krishna Pada Santra ...for the Petitioners Ms. Tuhina Parvin ...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 next date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3.
The petitioners contend that the deceased employee is the husband of the petitioner no.1 and father of the petitioner nos.2 and 3 and son of petitioner no.4. The concerned employee was a Head Teacher in Khanabari Benabandi Primary School, Benabandi, P.O. Belsulia, District Bankura, who died-in-harness on 18th June, 2023. The pension payment order was issued in favour of the petitioners on 12th April, 2024. The gratuity and arrear pension was disbursed in favour of the petitioners on 11th June, 2024. However, no interest on the aforesaid amount has
been paid in favour of the petitioners. Hence this writ petition.
4.
Mr. Krishna Pada Santra, learned advocate for the petitioners submit that there is a delay in disbursement of the gratuity and arrear pension amount and as such the petitioners are entitled to receive interest on the delayed payment of gratuity and arrear pension amount. He seeks for appropriate orders.
5.
Despite service, none appears on behalf of the State. 6.
Ms. Tuhina Parvin, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised by the competent authority.
7.
The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms. Parvin, learned advocate for the State.
8.
Ms. Parvin, learned Advocate for the State leaves the matter to the discretion of the Court.
9.
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 amount. 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.
10. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Bishnupur, are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of the petitioners by way of pensionary benefits from the date following the date of death of the concerned employee till the date of actual payment, to the extent of their shares. Such payment is to be made within a period of eight weeks from the date of communication of this order.
11. Learned advocate appearing for the petitioners 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. 3, the Treasury Officer, Bishnupur, for necessary compliance.
12. With the aforesaid directions, the writ petition being WPA 19905 of 2025 is disposed of.
13. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
14. Consequently, connected applications, if any, stand disposed of.
15. Interim orders, if any, stand vacated.
16. There shall be no order as to costs.
17. 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.)