Man Bahadur Sarki v. The State Of West Bengal And ORS
16.06.2026 Sl. No.9(DL) Ct. No.6 srm
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 875 of 2026 Man Bahadur Sarki
Versus
The State of West Bengal & Ors.
Ms. Taniya Bhowmik ...for the Petitioner.
Ms. Supriya Singh, 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 @ 18% per annum from date following the date of retirement till the date of actual payment.
3.
The petitioner contends that he was an Assistant Teacher of Lebong Primary School, P.O.
Lebong, District-Darjeeling.
The petitioner retired from service on superannuation on 31st January, 2023. The Pension Payment Order was issued on 10th January, 2025. The pensionary benefits including gratuity and arrear pension was
disbursed to the petitioner on 11th April, 2025. However, no interest on delayed payment of gratuity and arrear pension amount was disbursed in favour of the petitioner. Hence, this writ petition.
4.
Ms. Taniya Bhowmik, 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 and arrear pension amount was paid to the petitioner after lapse of more than two years. As such the petitioner is entitled to receive interest on such delayed payment of gratuity and arrear pension.
5.
Ms. Rajni Singh Dev, 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 January, 2023. The amount towards gratuity and arrear pension amount has been disbursed on 11th April, 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 and arrear pension.
7.
In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Darjeeling are directed to disburse interest @ 8% per annum on gratuity and arrear pension amount in favour of the petitioner from the date following the date of retirement till the date of actual payment 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.3, the Treasury Officer, Darjeeling, for necessary compliance.
9.
With the above direction, the writ petition being WPA 875 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.)