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Calcutta High Court · body

2026 DAILYLAW 10883 (CAL)

MALA MAITRA v. THE STATE OF WEST BENGAL AND ORS.

WPA/19651/2025 · 2026-02-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.02.2026 Sl. No.92 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19651 of 2025 Mala Maitra Versus The State of West Bengal & Ors. Ms. Sreyasree Choudhury …for the Petitioner Mr. Arjun Samanta …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 seek direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension amount from the date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that the husband of the petitioner was an Assistant Teacher in Bidisole F.P. School, P.O. Hemdabad, District Uttar Dinajpur, who died-in-harness on 26th January, 2023. The pension payment order was issued in favour of the petitioner on 2nd January, 2024. The gratuity and arrear pension was disbursed in favour of the petitioner on 31st January, 2024. However, no interest on the aforesaid amount has been paid in favour of the petitioner. Hence this writ petition. 2 4. Ms. Sreyasree Choudhury, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and arrear pension amount and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension amount. She seeks for appropriate orders. 5. Mr. Arjun Samanta, 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 there is considerable delay in disbursement of the gratuity and arrear pension amount. 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, Government of West Bengal and respondent no. 3, the Treasury Officer, Raiganj-II, are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of the petitioner by way of pensionary benefits from the date following the date of death of the concerned employee till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. 3 8. 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, Raiganj-II for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 19651 of 2025 is disposed of. 10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11. Consequently, connected applications, if any, stand disposed of. 12. Interim orders, if any, stand vacated. 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.)