01.09.2026 Sl. No.15 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4333 of 2026 Mili Chakrabarti & Ors. Versus The State of West Bengal & Ors. Mr. Banshi Badan Maity …for the Petitioners. Mr. Shuvasish Sengupta …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Report filed by District Inspector of Schools (P.E.) South 24-Parganas dated 25th August, 2026 is taken on record. 3. 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. 4. The petitioners contend that the deceased employee, namely, late Prasanta Kumar Chakrabarti being the husband of the petitioner no.1 and father of the petitioner nos.2 to 3 was an Assistant Teacher of Madhyachandi F.P. School, P.O.-Chandi, District- South 24-Parganas, who died-in-harness on 10th September, 2023. The pension payment order was issued in favour of the petitioners on 22nd November, 2024. The gratuity and arrear pension was disbursed in favour of the petitioners on 17th December, 2024. However, no interest on the aforesaid amount has been paid in favour of the petitioners. Hence this writ petition. 5. Mr. Banshi Badan Maity, 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. 6. Mr. Shuvasish Sengupta, learned advocate for the State submits that precisely there is no such delay in disbursement of the gratuity and arrear pension amount since the petitioners submitted application seeking for sanction of pension and gratuity on 4th April, 2024. Certain objections were raised on 30th July, 2024 and thereafter upon the objection being met, the pension payment order was issued on 22nd November, 2024. After issuance of pension payment order there is no such delay in disbursement of the amount. Hence, the petitioners are not entitled to interest on gratuity and arrear pension amount. 7. It is found that the employee died-in-harness on 10th September, 2023. The gratuity and arrear pension amount was disbursed in favour of the petitioners on 17th December, 2024. It is the bounden duty of the State to disburse such amount of gratuity and arrear pension amount forthwith upon demise of the 2 employee. In such circumstances, this Court is of the opinion that there is a considerable delay in disbursement of the amount. 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, Alipore-I, 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 concerned employee till the date of actual payment, to the extent of their shares. 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, Alipore-I for necessary compliance. 10. With the aforesaid directions, the writ petition being WPA 4333 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. 3 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.) 4