Nasiruddin Shaikh v. State Of West Bengal And ORS.

09.02.2026 Sl. No. 22 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/26488/2025 NASIRUDDIN SHAIKH VS THE STATE OF WEST BENGAL AND ORS.

Mr. Arun Khutia ...for the Petitioner Mr. Biplab Majumder ...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 retirement till the date of actual payment at the rate of 18% per annum.

3.

The petitioner contends that he was an Assistant Teacher of 13 Rejinagar 2 Primary School, Post Office Rejinagar, District Murshidabad, who retired from service on superannuation on 31st January, 2020 as a Head Teacher of the said school. The pension payment order was issued in favour of the petitioner on 5th September, 2020. The gratuity and arrear pension was 7th October, 2020. However, no interest

on the aforesaid amount has been paid in favour of the petitioner. Hence this writ petition.

4.

Mr. Arun Khutia, 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 such delayed payment. He seeks for appropriate direction. 5.

Mr. Biplab Majumder, learned advocate representing the State leaves the matter to the discretion of the Court.

6.

From the aforesaid contentions made in the writ petition, it is found that there is a delay in disbursement of the said 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.

7.

Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Berhampore-I are directed to disburse the interest at the rate of @ 8% per annum on the delayed payment of gratuity and arrear pension in favour of the petitioner by way of all pensionary benefits from the date following the date of retirement 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.

8.

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, Berhampore-I for necessary compliance.

9.

With the aforesaid directions, the writ petition being WPA 26488 of 2025 is disposed of.

10.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11.

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

12.

Interim orders, if any, stand vacated.

13.

There shall be no order as to costs.

14.

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.)