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Calcutta High Court · body

2026 DAILYLAW 37872 (CAL)

SHUKTARA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/9401/2026 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.29 Ct. No.14 b.das IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9401 of 2026 Shuktara Bibi Versus The State of West Bengal & Ors. Mr. Sourav Mitra Ms. Sreyasree Chowdhury …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …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 and arrear pension amount from the date following the date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that her husband late Md. Abdur Rajjak was an Assistant Teacher of Paharpur No.2 Primary School District Murshidabad, who died- in-harness on 4th August, 2024. The pension payment order was issued on 28th August, 2025. The gratuity and arrear pension amount was disbursed on 19th September, 2025. However, no interest on the aforesaid amount has been paid. Hence, this writ petition. 2 4. Mr. Sourav Mitra, 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. Since the State is unrepresented, Mr. Bijendra Pratap Singh, learned Advocate who usually appears on behalf of the State-respondents is requested to appear in this matter with a junior of his choice. Let their appointment be regularized by the competent authority. 6. Learned Advocate for the petitioner is directed to hand over copy of the writ petition along with its annexures upon learned Advocate for the State. 7. Mr. Singh learned Advocate for the State leaves the matter to the discretion of the Court. 8. 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. 9. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Lalbagh are directed to disburse the 3 interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of the petitioner by way of pensionary benefits from the date following the date of death of the husband of the petitioner 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. 10. 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, Lalbagh, for necessary compliance. 11. With the aforesaid directions, the writ petition being WPA 9401 of 2026 is disposed of. 12. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 13. Consequently, connected applications, if any, stand disposed of. 14. Interim orders, if any, stand vacated. 15. There shall be no order as to costs. 16. 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.)