Pushpa Kumari Singh v. The State Of West Bengal And ORS
08.06.2026 Sl. No.2(DL) Ct. No.6 srm
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 663 of 2026 Pushpa Kumari Singh
Versus
The State of West Bengal & Ors.
Mr. Debajit Kundu ...for the Petitioner.
Mr. Samar Rakshit, Ms. Esha Acharya ...for the State.
1.
Affidavit-of-service filed on behalf 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 @ 10% per annum from date following the date of retirement till the date of actual payment.
3.
The petitioner contends that she was a Matron in Sakoajhora Nepali Busty Primary School under the control of District Inspector of Schools (PE), Jalpaiguri. The petitioner retired from service on superannuation on 31st May, 2020. The Pension Payment Order was issued on 13th May, 2025.
The pensionary benefits including gratuity was disbursed to the petitioner on 30th May, 2025. However, no interest on delayed payment of
gratuity was disbursed in favour the petitioner. Hence, this writ petition.
4.
Mr. Debajit Kundu, learned Advocate for the petitioner submits that the petitioner is entitled to get retiral benefits from the date following the date of his retirement. The gratuity was paid to the petitioner after lapse of more than five years. As such the petitioner is entitled to receive interest on such delayed payment of gratuity. 5.
Ms. Esha Acharya, learned Advocate for the State leaves the matter to the discretion of the Court.
6.
From the contention made in the writ petition, it is found that the petitioner retired from service on superannuation on 31st May, 2020. The amount towards gratuity has been disbursed on 30th May, 2025. As such there is delay in disbursement of the aforesaid amount. Hence, the petitioner is entitled to interest on the aforesaid amount of gratuity.
7.
In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.4, the Treasury Officer, Alipurduar are directed to disburse interest @ 8% per annum on gratuity in favour of the petitioner from the date following the date of retirement till the date of actual payment within
a period six weeks from date communication of this order.
8.
Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.4, the Treasury Officer, Alipurduar, for necessary compliance. 9.
With the above direction, the writ petition being WPA 663 of 2026 stands disposed of.
10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
11. Interim order, if any, stands vacated.
12. All connected applications, if any, stand disposed of.
13. There shall be no order as to costs.
14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
15. 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.)