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2026 DAILYLAW 10575 (CAL)

BIMALA KANTA PAL v. THE STATE OF WEST BENGAL AND ORS.

WPA/17786/2025 · 2026-01-06

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.01.2026 Sl. No.33 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17786/2025 BIMALA KANTA PAL VS THE STATE OF WEST BENGAL AND ORS. Ms. Arpita Saha …for the Petitioner. Mr. Krishna Deo Das …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 to disburse the interest on gratuity and arrear pension from the next date of retirement till the date of actual payment along with interest at the rate of 18% per annum. 3. The petitioner contends that he was an Assistant Teacher in Primary School and retired from service on superannuation on 31st March, 2023 as Head Teacher of Brahman Danga F.P. School, Post Office – Kaity, District – Purba Bardhaman. The Pension Payment Order was issued in favour of the petitioner on 12th October, 2023. The gratuity and arrear of pension was disbursed in favour of the petitioner on 16th October, 2023. However, no interest was paid on such delayed payment. Hence this writ petition. 4. Ms. Arpita Saha, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of gratuity and arrear of pension. 5. Mr. Krishna Deo Das, learned advocate for the State leaves the matter to the discretion of the Court. 6. It is found that the petitioner retired from service on 31st March, 2023 and the gratuity and arrear of pension was disbursed in favour of the petitioner on 16th October, 2023. Hence there is delay in payment of the aforesaid amount. It is the bounden duty of the State to disburse the retiral benefits to the employee forthwith failing which the employee is entitled to receive interest on delayed payment of gratuity and arrear of pension. 7. Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3-Treasury Officer, Burdwan-I are directed to pay the interest at the rate of interest @ 8% per annum on gratuity and arrear pension in favour of the petitioner on and from 1st April, 2023 till the date of issuance of the Pension Payment Order. 8. Such payment is to be made within a period of eight weeks from the date of communication of this order. 9. Petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal 2 and respondent no.3, Treasury Officer, Burdwan-I for necessary action. 10. With the aforesaid directions, the writ petition being WPA 17786 of 2025 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.) 3