01.09.2026 Sl. No.17 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5028 of 2026 Mamata Ghosh & Ors. Versus The State of West Bengal & Ors. Mr. Goutam Malik …for the Petitioners. Mr. Lokenath Chatterjee Ms. Mary Datta Mr. Jagannath Chatterjee …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. By the present writ petition the petitioners seek direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension amount from the date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioners contend that the deceased employee, namely, late Ganesh Chandra Ghosh is the husband of the petitioner no.1 and father of the petitioner nos.2 and 3 who was an approved Head Teacher of Radhamohanpur Primary School, P.O.-Hirapur, P.S.- Onda, District-Bankura. The deceased employee died-in-harness on 14th July, 2020. The pension payment order was issued in favour of the petitioners on 5th December, 2021. The gratuity and arrear pension was disbursed in favour of the petitioners on 7th January, 2022. However, no interest on the aforesaid amount has been paid in favour of the petitioners. Hence this writ petition. 4. Mr. Goutam Malik, learned advocate for the petitioners submit 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. Lokenath Chatterjee, 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. It is relevant to note from Pension Payment Order that the father of the deceased employee namely Kinkar Chandra Ghosh, who has a share, has not been made a party in the writ petition. 8. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Bankura, are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of 2 the petitioners by way of pensionary benefits from the date following the date of death of the concerned employee till the date of actual payment, to the extent of their shares. Although the father of deceased employee namely Kinkar Chandra Ghosh has not been made a party, however, since as per Pension Payment Order, he has a share, the same shall also be disbursed to him. Such payment is to be made within a period of eight weeks from the date of communication of this order. 9. Learned advocate appearing for the petitioners 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, Bankura for necessary compliance. 10. With the aforesaid directions, the writ petition being WPA 5028 of 2026 is disposed of. 11. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 12. Consequently, connected applications, if any, stand disposed of. 13. Interim orders, if any, stand vacated. 14. There shall be no order as to costs. 15. 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