Bankim Chandra Mondal And ORS. v. State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 24676 of 2025 19.11.2025 rkd Ct.02 DO Bankim Chandra Mondal & Ors.
-vsState of West Bengal & Anr.
Mr. Susanta Pal ....for the petitioners.
Mr. Santanu Chatterjee, Mr. Debranjan Chatterjee ....for the State.
1.
Eleven persons have approached this Court with the present writ petition ventilating common grievance of non-payment of interest on ex gratia which was paid to them belatedly.
2.
Petitioners were members of National Volunteer Force and their engagement came to end on attaining age of sixty years.
3.
It is submitted by the learned advocate representing the petitioners that though petitioners are entitled to receive ex gratia amount on the date following the date of their retirement but ex gratia was paid to them belatedly. Prayer is made for directing the concerned respondent authority to pay interest on ex gratia amount from the date following the dates of retirement of the petitioners till the date of payment.
4.
In this regard, reliance is place on the order dated
7th February, 2019 passed by a coordinate Bench on the writ petition being WPA 2396 of 2019 (Madan Mohan Biswas & Ors. v. The State of West Bengal & Ors.) and the order passed by Hon'ble Division Bench dated 18th January, 2023 on an intra Court appeal being MAT 2093 of 2022 (The State of West Bengal & Ors. v. Habibur Rahaman Halder & Ors.).
5.
State respondents are represented by learned advocate who does not dispute the fact that ex gratia was paid to the petitioners belatedly. 6.
Having considered the respective submissions made on behalf of the parties and taking note of the directions as contained in orders in Madan Mohan Biswas (supra) and Habibur Rahaman Halder (Supra), it appears that issue is no more res integra.
7.
The coordinate Bench as well as Hon'ble Division Bench allowed 8% interest in favour of the retired members of National Volunteer Force due to delay caused in releasing benefits towards ex gratia. 8.
Accordingly, State Commandant, West Bengal, Bengal National Volunteer Force Directorate being respondent no.2 is directed to pay interest @ 8% per annum on ex gratia to the petitioners from the date following the respective dates of
superannuation of the petitioners till the payments made in their favour, within a period of eight weeks from the date of communication of this order. 9.
The writ petition stands disposed of.
10. There shall be no order as to costs.
11. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)