Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 37900 (CAL)

CHHANDA MANDAL AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/7322/2026 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.22 Ct. No.14 ARDR IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7322 of 2026 Chhanda Mandal & ors. Versus The State of West Bengal & Ors. Mr. Sourav Mitra, Ms. Sreyasree Choudhury …for the Petitioner. Mr. Rohit Banerjee …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 the petitioner no.1 is the wife and petitioner nos. 2 and 3 are son and daughter of the deceased employee, Late Bomkesh Mandal. The deceased employee was an Assistant Teacher in Sirsi Bagdavi Primary School, Post Office Harda, District Jhargram who died-in-harness on 6th August, 2022. The pension payment order was issued on 12th October, 2023. The gratuity and arrear pension amount was disbursed on 22nd November, 2023. 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 petitioners are entitled to receive interest on the delayed payment of gratuity and arrear pension amount. He seeks for appropriate orders. 5. Mr. Rohit Banerjee learned Advocate for the State leaves the matter to the discretion of the 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, Government of West Bengal and respondent no. 3, the Treasury Officer, Jhargram are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of the petitioners by way of pensionary benefits from the date following the date of death of the deceased employee till the date of actual payment, to the extent of their entitlement and share. Such payment is to be made within a period of eight weeks from the date of communication of this order. 3 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 respondent no. 4, the Treasury Officer, Jhargram, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 7322 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.)