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2026 DAILYLAW 30646 (CAL)

KAMAL KANTI RAY v. THE STATE OF WEST BENGAL AND ORS

WPA/1363/2026 · 2026-07-27

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 10 (1629) 27.07.2026 (JPD 22) (S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 1363 of 2026 Kamal Kanti Ray Vs. The State of West Bengal & Ors. Mr. Debjit Kundu … for the petitioner Mr. Narendra Nath Bhattacharya Ms. Tamanna Kar … for the State Affidavit-of-service filed in Court today be kept with the record. Mr. Bhattacharya, learned advocate, appears on behalf of the State. The petitioner was an Assistant Teacher of a primary school and retired from service on superannuation on September 30, 2024. The pension payment order was issued on May 5, 2025 in pursuance whereof she received the gratuity and arrear pension on May 14, 2025. 2 In the instant writ petition the prayer of the petitioner is a writ of Mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear family pension for delayed payment. Learned advocate appearing for the State does not oppose the prayer of the petitioner. It is now well-settled that the State is liable to pay interest for delayed payment of gratuity and pension. In view thereof, this writ petition is disposed of by directing the concerned Treasury Officer, Mekhliganj being the 4th respondent to pay interest to the petitioner @ 8% per annum on the gratuity and arrear family pension from the date of retirement of the petitioner till the date of such payment. The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order; in default, the said arrear amount shall fetch an additional interest of 2% per annum. 3 Since no affidavits have been called for, the allegations contained in the writ petition shall be deemed not have been admitted by the respondents. There shall be no order as to costs. (Hiranmay Bhattacharyya, J.)