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Calcutta High Court · body

2026 DAILYLAW 38471 (CAL)

JAYANTI DAS AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/28455/2025 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.5 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28455 of 2025 Jayanti Das & ors. Versus The State of West Bengal & Ors. Mr. Goutam Kumar Maity …for the Petitioners. Mr. Ramij Munsi …for the State. 1. Affidavit of service filed on behalf of the petitioner 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 amount at the rate of 18% per annum from the date of death of the deceased employee till the date of actual payment. 3. The petitioners contend that the deceased employee, namely, Late Pradip Kumar Das, is the husband of petitioner no.1 and father of petitioner nos.2, 3 and 4. The deceased employee was an Assistant Teacher of Manasadwip Suresh Chandra F.P. School, P.O. Manasadwip, District South 24-Parganas, who died- in-harness on 12th July, 2023, after discharging 33 years of qualifying service. The pension payment order was issued on 14th August, 2024. The gratuity amount was disbursed in favour of the petitioners on 19th September, 2024. However, no interest was paid on the delayed payment of gratuity amount. Hence this writ petition. 2 4. Mr. Goutam Kumar Maity, learned advocate for the petitioners submits that the petitioners are entitled to the interest on gratuity amount from the date following the date of death of the deceased employee till the date of actual payment. He seeks for appropriate orders. 5. 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 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. 4, the Treasury Officer, Kakdwip, are directed to disburse the interest at the rate of @ 8% per annum on the gratuity 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 shares and entitlement Such payment is to be made within a period of eight weeks from the date of communication of this order. 8. Learned advocate appearing for the petitioners is directed to communicate this order to respondent no. 3 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Kakdwip, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 28455 of 2025 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.)