NILIMA CHATTERJEE BANERJEE v. STATE OF WEST BENGAL AND ORS.
WPA/7621/2026 · 2026-08-25
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36856 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36856 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
25.08.2026 Sl. No.43 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/7621/2026 Nilima Chatterjee Banerjee VS The State of West Bengal and Ors. Mr. Arun Khutia …for the Petitioner. Ms. Mary Datta Ms. Sneha Chatterjee …for the State. 1. Affidavit of service filed by 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 she was an Assistant Teacher of 8 Maharani Kaseswari Primary Balika Vidyalaya,
Post
Office-Berhampore,
District- Murshidabad. The petitioner retired from service on superannuation on 31st October, 2019. The pension payment order was issued on 5th December, 2020 in favour of the petitioner. The gratuity and arrear pension amount was disbursed in favour of the
petitioner on 14th December, 2020. However, no interest on delayed payment of gratuity and arrear pension amount has been paid. Hence, this writ petition. 4. Mr. Arun Khutia, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and arrear pension amount and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension amount. He seeks for appropriate orders. 5. Ms. Mary Datta, 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 and arrear pension 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 and respondent no. 3, the Treasury Officer, Berhampore-I are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear pension 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 2
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 and respondent no. 3, the Treasury Officer, Berhampore-I for necessary compliance.
9. With the aforesaid directions, the writ petition being WPA 7621 of 2026 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