Sangita Maiti And ORS. v. State Of West Bengal And ORS.

07.04.2026 Sl. No.44 Ct. No. 14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22197/2025 SANGITA MAITI AND ORS.

VS STATE OF WEST BENGAL AND ORS.

Mr. Krishna Pada Santra ...for the Petitioners Ms. Lipika Chatterjee ...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 towards 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 no.1 is the wife and petitioner nos.2 and 3 are the sons of the deceased employee. The concerned employee was an Assistant Teacher of Ashutiabard Tanakinath Primary School, Ashutiabard, Chandipur, District-Purba Medinipur. The concerned employee died in harness on 22nd July, 2021 as Head Teacher of the said school. The pension payment order was issued on 10th May, 2022. The gratuity and arrear pension was disbursed on 22nd

July, 2022. However, no interest on the aforesaid amount has been paid. Hence this writ petition. 4.

Mr. Krishna Pada Santra, learned advocate for the petitioners submits that there is a delay in disbursement of the aforesaid amount and as such the petitioners are 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. Lipika Chatterjee, learned Advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. The appearance of Ms. Chatterjee 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. Chatterjee, learned Advocate for the State.

8. Ms. Chatterjee, learned Advocate for the State leaves the matter to the discretion of this Court.

9. Though there is delay in making such claim, however, delay per se cannot defeat the valuable right of the petitioners. 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.

10.

It is found from the contention in the writ petition that there is delay in disbursement of the gratuity

and arrear pension amount. Hence, the petitioners are entitled to interest on the aforesaid amount. 11.

Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Tamluk are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension in favour of the petitioners as per their entitlement and to the extent of their share 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. 12.

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, Tamluk, for necessary compliance.

13.

With the aforesaid directions, the writ petition being WPA 22197 of 2025 is disposed of.

14.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 15.

Consequently, connected applications, if any, stand disposed of.

16.

Interim orders, if any, stand vacated.

17.

There shall be no order as to costs.

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.)