Tapan Kumar Chakraborty v. The State Of West Bengal And ORS

15.06.2026 Sl. No.15 Ct. No.6 gd

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/831/2026 TAPAN KUMAR CHAKRABORTY VS THE STATE OF WEST BENGAL AND ORS.

Ms. Taniya Bhowmik ..for the Petitioner.

Mr. Arijit Ghosh Ms. Esha Acharya ..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 Petvata Chandan Chowra S/C Primary School, DistrictCoochbehar. The petitioner retired from service on superannuation on 29th February, 2020. The pension payment order was issued on 10th March, 2021. The gratuity and arrear pension was disbursed

on 2nd April, 2021. However, no interest on the aforesaid amount has been paid. Hence this writ petition.

4. Ms. Taniya Bhowmik, 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 the delayed payment of gratuity and arrear pension She seeks for appropriate orders.

5. Mr. Arijit Ghosh, learned advocate for the State leaves the matter to the discretion of this Court.

6. Though there is delay in making such claim, however, delay per se cannot defeat the valuable right of the petitioner. Relief may be granted to the writ petitioner in spite of the delay if it does not affect the right of third parties. (See: Union of India vs. Tarsem Singh reported in (2008) 3 SCC 648).

7. It is found from the contention in the writ petition that there is delay in disbursement of the gratuity and arrear pension amount.

Hence, the petitioner is entitled to interest on the aforesaid amount.

8. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group

Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Coochbehar-II are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension in favour of the petitioner by way of 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 six weeks from the date of communication of this order.

9.

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, Coochbehar-II for necessary compliance.

10. With the aforesaid directions, the writ petition being WPA 831 of 2026 is disposed of.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. 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.)