24.03.2026 Sl. No.29 Ct. No.14 Ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20856 of 2025 Kajal Pradhan & ors. Versus The State of West Bengal & Ors. Mr. Kaustav Mishra …for the Petitioners Mr. SM Samim Ullah …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. By the present writ petition the petitioners seek direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity amount from the next date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioners contend that the deceased employee is the husband of the petitioner no.1 and son of the petitioner no.2 and father of the petitioner no.3. The concerned employee was an Assistant Teacher in Nilatalda Maharudra Primary School, District Paschim Medinipur, who died-in-harness on 2nd March, 2019. The pension payment order was issued on 19th February, 2021. The gratuity amount was disbursed in favour of the petitioner nos.1 and 2 on 1st March, 2021. However, no interest on the 2 aforesaid amount has been paid in favour of the petitioner nos.1 and 2. Hence this writ petition. 4. Mr. Kaustav Mishra, learned advocate for the petitioners submit that there is a delay in disbursement of the gratuity amount and as such the petitioners are entitled to receive interest on the delayed payment of gratuity amount. He seeks for appropriate orders. 5. Despite service, none appears on behalf of the State. 6. Mr. SM Samim Ullah, learned advocate, who usually appears for the State, is requested to appear in this matter. Let his appointment be regularised by the competent authority. 7. The petitioner is directed to hand over a copy of the writ petition along with the annexures to Mr. Samim Ullah, learned advocate for the State. 8. Mr. Samim Ullah, learned Advocate for the State leaves the matter to the discretion of the Court. 9. 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 vs. Tarsem Singh reported in (2008) 3 SCC 648). 10. From the aforesaid contentions made in the writ petition, it is found that there is considerable delay in disbursement of the gratuity amount. It is the 3 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. 11. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Kharagpur, are directed to disburse the interest at the rate of @ 8% per annum on the gratuity amount in favour of the petitioner nos.1 and 2 by way of pensionary benefits from the date following the date of death of the concerned employee till the date of actual payment, to the extent of their shares and entitlement. Such payment is to be made within a period of eight weeks from the date of communication of this order. 12. Learned advocate appearing for the petitioners 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. 4, the Treasury Officer, Kharagpur, for necessary compliance. 13. With the aforesaid directions, the writ petition being WPA 20856 of 2025 is disposed of. 14. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 4 15. Consequently, connected applications, if any, stand disposed of. 16. Interim orders, if any, stand vacated. 17. There shall be no order as to costs. 18. 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.)