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2026 DAILYLAW 23402 (CAL)

ABDUL MAJID MIAH v. THE STATE OF WEST BENGAL AND ORS

WPA/848/2026 · 2026-06-15

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.06.2026 Sl. No.25 Ct. No.6 gd IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/848/2026 ABDUL MAJID MIAH VS THE STATE OF WEST BENGAL AND ORS. Ms. Taniya Bhowmik ..for the Petitioner. Ms. Supriya Singh Ms. Radhika Agarwal ..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 from the date following the date of retirement till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that he was an Assistant Teacher of Nayarhut High School, P.O.-Karala, P.S.-Sahebgunj, District-Coochbehar. The petitioner retired from service on superannuation on 31st December, 2024. The pension payment order was issued on September, 2025. The gratuity amount was disbursed on 10th October, 2025. However, no interest on the aforesaid amount has been paid. Hence this writ petition. 2 4. Ms. Taniya Bhowmik, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and as such the petitioner is entitled to receive interest on the delayed payment of gratuity. She seeks for appropriate orders. 5. Ms. Supriya Singh, learned advocate for the State leaves the matter to the discretion of this Court. 6. 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 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, Dinhata are directed to disburse the interest at the rate of @ 8% per annum on the gratuity amount in favour of the petitioner by way of pensionary benefits from the date following the date of retirement till the date of actual payment. Such payment is to be made within a period of six 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, Dinhata for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 848 of 2026 is disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.)