Namita Mondal v. State Of West Bengal And ORS.

24.03.2026 Sl. No. 43 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/21193/2025 NAMITA MONDAL VS THE STATE OF WEST BENGAL AND ORS.

Ms. Arpita Saha ...for the Petitioner Ms. Mousumi Banerjee ...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 death of the concerned employee 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 Dayapur F. P. School, Post Office Dayapur, District South 24 Parganas who died-in-harness on 14th October, 1985. The pension payment order was issued on 29th March, 2002. The gratuity and arrear pension was disbursed on 6th July, 2002. However, no interest on the aforesaid amount has been paid in favour of the petitioner. Hence this writ petition.

4.

Ms. Arpita Saha, 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.

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

Ms. Mousumi Banerjee, learned advocate who usually represents the State is requested to appear in this matter on behalf of the State. Let her appointment be regularised by the competent authority. Petitioner is directed to handover a copy of the writ petition alongwith all annexures to the learned advocate representing the State.

7.

Ms.

Mousumi Banerjee, learned advocate representing the State leaves the matter to the discretion of the Court.

8.

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).

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. 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, Alipore-I 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 death of the concerned employee 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, Alipore-I for necessary compliance.

12.

With the aforesaid directions, the writ petition being WPA 21193 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.)