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2026 DAILYLAW 31689 (CAL)

MANI KUMAR GURUNG v. THE STATE OF WEST BENGAL AND ORS

WPA/1489/2026 · 2026-07-30

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 36 30/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 1489 of 2026 Mani Kumar Gurung Vs. The State of West Bengal & Ors. Ms. Esha Acharya Ms. Ipsita Saha ….for the petitioner Mr. Shubhankar Dutta Ms. Manisha Dutta ….for the State Affidavit of service filed in Court is taken on record. The learned advocate appearing for the petitioner submits that the petitioner was an Assistant Teacher of a Primary School and he retired from service on superannuation on June 30, 2022. The Pension Payment Order was issued on October 3, 2023. 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. 2 In view thereof, this writ petition is disposed of by directing the concerned Treasury Officer Mal, Malbazar, being the respondent no.5, to pay interest to the petitioner @ 8% per annum on 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. Since no affidavits have been called for, the allegations contained in this writ petition shall be deemed not to have been admitted by the respondents. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)