Kanika Debnath v. The State Of West Bengal And ORS

09.06.2026 Sl. No.3(DL) Ct. No.6 srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 682 of 2026 Kanika Debnath

Versus

The State of West Bengal & Ors.

Mr. Debajit Kundu, Mr. Ratan Chandra Roy ...for the Petitioner.

Mr. Samar Rakshit, Ms. Rajni Singh Dev ...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 of entitlement till the date of actual payment @ 18% per annum.

3.

The petitioner contends that her husband was an Assistant Teacher of Indreswar 4th Plan Primary School, District-Cooch Behar and under the District Inspector of School (PE), Cooch Behar, who died-in-harness on 8th April, 2024. The Pension Payment Order was issued on 5th May, 2025. The gratuity and arrear pension was received by the petitioner on 10th July, 2025.

However, no interest has been paid to the petitioner. Hence, this writ petition.

4.

Mr. Debajit Kundu, learned Advocate for the petitioner submits that there is delay in disbursement of gratuity and arrear pension and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension.

5.

Mr. Samar Rakshit, learned Advocate for 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 the there is considerable delay in disbursement of the 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 and respondent No.4, the Treasury Officer, Cooch Behar-II, are directed to disburse interest @ 8% per annum on the gratuity and arrear pension in favour of the petitioner by way of pensionary benefits from the date following the date of death of petitioner's husband till the date of actual payment. Such payment is to be made

within a period of six weeks from date of 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, Cooch Behar-II, Howrah, for necessary compliance.

9.

With the above direction, the writ petition being WPA 682 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. 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.)