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2026 DAILYLAW 1776 (CAL)

SANTANU BANERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/18258/2025 · 2026-02-02

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.02.2026 Sl. No.45 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18258 of 2025 Santanu Banerjee Versus The State of West Bengal & Ors. Ms. Jonaki Saha …for the Petitioner. Mr. SM Samim Ullah …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 amount from the date following the date of retirement till the date of actual payment @ 18% per annum in favour of the petitioner. 3. The petitioner contends that he was an Assistant Teacher in Rajyadharpur G.S.F.P. School, District Hooghly. The petitioner retired from service on superannuation on 31st December, 2020. The pension payment order was issued on 11th May, 2021 in favour of the petitioner. The gratuity and arrear pension amount was disbursed in favour of the petitioner on 22nd August, 2021. However, no interest 2 on delayed payment of gratuity and arrear pension amount has been paid. Hence, this writ petition. 4. Ms. Jonaki Saha, learned Advocate appearing for the petitioner submits that since there was delay in disbursement of the gratuity and arrear pension amount, hence, the petitioner is entitled to interest from the date following the date of retirement of the petitioner till the date of actual payment. 5. Despite service, none appears on behalf of the State. 6. Mr. SM Samim Ullah, learned Advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. The appearance of Mr. SM Samim Ullah be regularised by the competent authority. 7. Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Mr. SM Samim Ullah, learned Advocate for the State. 8. Mr. SM Samim Ullah, learned Advocate for the State leaves the matter to the discretion of this Court. 9. It is found from the contention in the writ petition that there is delay in disbursement of the gratuity and arrear pension amount. Hence, the petitioner is entitled to interest on the aforesaid amount. 10. Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Chinsurah is directed to disburse interest @ 8% per annum on the 3 gratuity and arrear pension amount in favour of the petitioner from the date following the date of retirement of the petitioner till the date of actual payment, within a period of eight weeks from the date of communication of this order. 11. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.2 Director of Pension, Provident Fund and Group Insurance and the respondent no.3, Treasury Officer, Chinsurah, for necessary compliance. 12. With the aforesaid direction, the writ petition being WPA 18258 of 2025 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.)