Madhab Barman v. The State Of West Bengal And ORS
18.06.2026 Sl. No.22(DL) Ct. No.6 srm
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 948 of 2026 Madhab Barman
Versus
The State of West Bengal & Ors.
Mr. Debjajit Kundu ...for the Petitioner.
Mr. Arijit Ghosh, 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 his wife was a Panchayat Executive Assistant of Khapaidanga Gram Panchayat, District-Coochbehar, who died-in-harness on 10th January, 2021. The Pension Payment Order was issued on 24th December, 2021. The death-cumgratuity was received by the petitioner on 17th January, 2022. However, no interest has been paid to the petitioner. Hence, this writ petition.
4.
Mr.
Debajit Kundu, learned Advocate for the petitioner at the outset submits that the petitioner
does not pray for interest on delayed payment of arrear pension. He submits that as there is delay in disbursement of gratuity, as such the petitioner is entitled to receive interest on the delayed payment of gratuity.
5.
Mr. Arijit Ghosh, learned Advocate for the State leaves the matter to the discretion of the 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 versus Tarsem Singh reported in (2008) 3 SCC 648] 7.
From the aforesaid contentions made in the writ petition, it is found that the there is considerable delay in disbursement of the gratuity. 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.
8.
Accordingly, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.4, the Treasury Officer, Cooch Behar-II, Cooch Behar, are directed to disburse interest @ 8% per annum on the gratuity in favour of the petitioner by way of pensionary benefits from the date following the date of death of petitioner's wife 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. 9.
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, Cooch Behar, for necessary compliance.
10. With the above direction, the writ petition being WPA 948 of 2026 stands 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. 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.)