Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 11357 (CAL)

DURGA ORAW v. BURDWAN MUNICIPALITY AND ORS.

WPA/15826/2025 · 2026-03-17

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.03.2026 Sl. No. 15 Ct. No. 03 (Susanta) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15826 of 2025 Durga Oraw Vs. The Burdwan Municipality & Ors. Mr. Partha Sarkar, Mr. Abhijit Basu, Ms. Megha Sarkar, ….. for the Petitioner. Mr. Subhasis Bandopadhyay, …. For the Municipality. 1. The present writ petition has been filed being aggrieved by the inaction on the part of the respondents in not releasing the retiral dues as were payable to the deceased husband of the petitioner. The petitioner’s husband was an employee of the Burdwan municipality and had joined the service in the year 1979. He retired from service on 31st May, 2019 and died on 13th June, 2021. 2. Although the respondents have issued a pension payment order on 28th February, 2024 and determined the gratuity to the extent of Rs. 6,15,450/- and family pension as noted therein apart from making payment of regular pension, the arrear pension and the gratuity had not been disbursed. By an order dated 12th August, 2025, this Court had permitted the respondents to file a report. Pursuant to the aforesaid, the municipality has filed a report. From the aforesaid report, it transpires that out of the gratuity already WPA 15826 of 2025 2 determined, a sum of Rs.1,82,500/- has only been paid leaving an outstanding amount of Rs. 4,32,950/-. Insofar as the arrear pension is concerned, the outstanding amount has been calculated to be Rs. 8,60,014/- by the municipality out of which Rs. 1,29,296/- has already been paid to him leaving the outstanding arrear pension Rs. 7,30,718/-. The learned advocate for the petitioner does not dispute the aforesaid computation. 3. Having heard the learned advocates for the parties and taking into account that the municipality has already admitted the aforesaid amount, I am of the view, the municipality should forthwith make payment of the gratuity along with outstanding arrear pension to the petitioner. Insofar as the gratuity is concerned, the respondents shall make payment of the outstanding amount along with interest on the balance outstanding amount at the statutory rate of 10% from the date when the same became due, that is, immediately on the retirement till such time, the same is actually paid. The above payment shall be made within a period of 6 weeks from date. Insofar as the arrear pension is concerned, the same shall however carry an interest at the rate of 6% per annum on the outstanding sum and the same shall also be payable within a period directed hereinabove. 4. With the above observations and directions, the writ petition is disposed of. WPA 15826 of 2025 3 Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)