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2026 DAILYLAW 28101 (CAL)

MD. GIOUSUDDIN SHAIKH v. STATE OF WEST BENGAL AND ORS.

WPA/22552/2025 · 2026-07-14

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 Sl. No.22 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22552/2025 MD GIOUSUDDIN SHAIKH VS STATE OF WEST BENGAL AND ORS. Mr. Balaram Datta …for the Petitioner. Mr. Sourav Sengupta Mr. Subhamoy Bhattacharjee …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 @ 18% per annum in favour of the petitioner. 3. The petitioner contends that he was a Headmaster in Billyagram G.S.F.P. School, P.O. Billyagram, District Nadia. The petitioner retired from service on superannuation on 31st October, 2020. The pension payment order was issued on 15th June, 2021 in favour of the petitioner. The gratuity was disbursed in favour of the petitioner on 21st June, 2021. However, no interest on delayed payment of gratuity has been paid. Hence, this writ petition. 4. Mr. Balaram Datta, 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. He seeks for appropriate orders. 5. Mr. Sourav Sengupta, 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. 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. 4, the Treasury Officer, Krishnagar are directed to disburse the interest at the rate of @ 8% per annum on the gratuity 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 eight weeks from the date of communication of this order. 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 2 respondent no.4, the Treasury Officer, Krishnagar for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 22552 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.) 3