Tandra Koley v. State Of West Bengal And ORS.
21.04.2026 Sl. No.23 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20461 of 2025 Tandra Koley
Versus
The State of West Bengal & Ors.
Ms. Sudipa Biswas ...for the Petitioner.
Ms. Anima Das Chakraborty ...for the State.
1.
Affidavit of service filed on behalf of the petitioners 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 amount from the date following the date of retirement of the petitioner till the date of actual payment at the rate of 18% per annum.
3.
The petitioner contends that she was an Assistant Teacher in Sabra Kadra Ranakeshari Primary School, Village & P.O. Kadra, Keyamacha, Police Station Goyaltore, District Paschim Medinipur, who retired from service on superannuation on 29th February, 2024. The pension payment order was issued on 10th September, 2024. The gratuity and arrear pension was disbursed on 29th September, 2024. However, no interest on the aforesaid amount has been paid in favour of the petitioner. Hence this writ petition.
4.
Ms.
Sudipa Biswas, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and arrear pension amount and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension amount.
She seeks for appropriate orders.
5.
Despite service, none appears on behalf of the State. 6.
Ms. Anima Das Chakraborty, 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. 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 forthwith, failure of which entitles the affected party to interest on the arrears 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, Midnapore 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 petitioner by way of pensionary benefits from the date following the date of retirement of the petitioner 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, in accordance with law.
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, Midnapore, for necessary compliance.
12. With the aforesaid directions, the writ petition being WPA 20461 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.)