Calcutta High CourtWPA/29018/2024disposed

Banani Dandapath v. State Of West Bengal And ORS.

2025-07-11Hon'Ble Justice Smita Das De2 pages

11.07.2025 Sl. No.39 pk W.P.A. 29018 of 2024 Banani Dandapath -VsThe State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ... ... for the petitioner Mr. Ahi Bhushan Chakraborty.

...for the State.

Affidavit of service filed in court today is kept with the record.

The husband of the petitioner was a Head Master of a High School, who died-in-harness on 14.11.2005. The petitioner had completed all pension related formalities. However, the concerned authorities delayed and released the gratuity and arrear pension amount on 09.12.2006. The petitioner herein seeks interest to be paid on gratuity and arrear pension amount for the interim period of delay in receipt of the gratuity and arrear pension amount. There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither parties have suffered due to this delay. It is the submission of the petitioner that accordingly the petition should be allowed. The petitioner relies upon an order in W.P. 17557 (W) of 2017 (Narayan Chandra Saha vs.

State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgment in the case of Union of India vs.

be granted in spite of delay as it does not affect the rights of the third party.

In view of the above and after hearing the learned Counsel for the parties, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the petitioner @ 8.2% per annum on the gratuity and arrear pension calculated on and from 14.11.2005 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.

With these observations, the writ petition is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Smita Das De, J.)