Sanaul Hasan v. State Of West Bengal And ORS.
10.02.2026 Sl. No.39(DL) Ct. No.14 srm
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20505 of 2025 Sanaul Hasan
Versus
The State of West Bengal & Ors.
Mrs. Debjani Sahu ...for the Petitioner.
Ms. Lipika Chatterjee ...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 for 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 @ 18% per annum.
3.
The petitioner contends that he was the Head Teacher of Dakshin Kazisaha Sudarshanchakra Primary School, P.O. Kazisaha, District-Murshidabad. The petitioner retired from service on superannuation on 29th February, 2024. The Pension Payment Order was issued on 4th October, 2024. The gratuity and arrear pension was received by the petitioner on 19th November, 2024. However, no interest has been paid to the petitioner. Hence, this writ petition.
4.
Mrs. Debjani Sahu, learned Advocate for the petitioner submits that there is delay in making payment of gratuity and arrear pension. The petitioner is entitled to get interest on the said amount from the date following the date of his retirement till the date of actual payment. 5.
Despite service, none appears on behalf of the State. 6.
Ms. Lipika Chatterjee, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Ms. Lipika Chatterjee be regularised by the concerned authority. 7.
Let a copy of the writ petition along with its annexure be served upon Ms. Chatterjee, learned Advocate for the State respondents.
8.
Ms. Chatterjee, learned Advocate for the State leaves the matter to the discretion of the Court.
9.
From the contention made in the writ petition, it is found that the petitioner received gratuity and arrear pension after 9 months of his retirement. It is the bounden duty of the State to pay pension and retiral dues to the employee forthwith, failing which the employee is entitled to get interest on such delayed payment.
10. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I, Murshidabad are directed to disburse interest @ 8% per annum on the gratuity and arrear pension in favour of the petitioner from the date following the date of his
retirement till the date of actual payment within a period of eight weeks from date of communication of this order.
11. Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I, Murshidabad, for necessary compliance.
12. With the above direction, the writ petition being WPA 20505 of 2025 stands disposed of.
13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
14. Interim order, if any, stands vacated.
15. All connected applications, if any, stand disposed of.
16. There shall be no order as to costs.
17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
18. 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.)