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Calcutta High CourtWPA/19919/2025disposed

Bidyut Kumar Mondal v. State Of West Bengal And ORS.

2026-02-16Hon'Ble Justice Bivas Pattanayak4 pages

16.02.2026 Sl. No. 106 Ct. No. 14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/19919/2025 BIDYUT KUMAR MONDAL VS STATE OF WEST BENGAL AND ORS.

Mr. Krishna Pada Santra ...for the Petitioner Ms. Anima Das 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 for disbursement of interest on delayed payment of gratuity and arrear pension from the date following the date of retirement till the date of actual payment at the rate of 18% per annum.

3.

The petitioner contends that the petitioner was an Assistant Teacher in Dighra Jr. Basic School, Post Office- Dighra, Police Station-Chakdaha, DistrictNadia. The petitioner retired from service on superannuation on 31st January, 2024 as Head Teacher of the said school. The pension payment order was issued on 20th June, 2024. The gratuity and arrear pension was disbursed on 5th July, 2024.

However, no interest on the aforesaid amount has been paid. Hence this writ petition.

4.

Mr. Krishna Pada Santra, 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 He seeks for appropriate orders.

5. Despite service, none appears on behalf of the State. 6.

Ms. Anima Das Chakraborty, learned Advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. The appearance of Ms. Das Chakraborty be regularised by the competent authority.

7.

Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Ms.

Das Chakraborty, learned Advocate for the State.

8.

Ms. Das Chakraborty, learned Advocate for the State leaves the matter to the discretion of this 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, Kalyani 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 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.

11.

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.3, the Treasury Officer, Kalyani for necessary compliance.

12.

With the aforesaid directions, the writ petition being WPA 19919 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.)