08.09.2026 Sl. No.19 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3639 of 2026 Minati Mandal Versus The State of West Bengal & Ors. Mr. Gautam Malik …for the Petitioner. Mr. Mihir Kumar Das …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 of death of the deceased employee till the date of actual payment @ 18% per annum in her favour. 3. The petitioner contends that her husband, late Tara Pada Mandal was an approved Head Teacher of Barachaka Primary School, P.O.-Junbedia, District- Bankura who died in harness on 10th November, 2022. The pension payment order was issued on 29th January, 2024. The gratuity and arrear pension amount was disbursed on 10th February, 2024. However, no interest on delayed payment of arrear pension amount has been paid. Hence, this writ petition. 4. Mr. Gautam Malik, learned advocate appearing for the petitioner submits that since there was delay in disbursement of the gratuity and arrear pension amount, hence the petitioner is entitled to interest on the delayed payment of gratuity and arrear pension. He seeks for appropriate orders. 5. Mr. Mihir Kumar Das, 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 that the sons of the deceased employee, namely, Ambarish Mandal and Aniket Mandal have not been arrayed as parties in the present proceedings who are also entitled to such interest as per share. 8. Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Bankura is directed to disburse interest @ 8% per annum on the gratuity and arrear pension amount in favour of the petitioner as well as the sons, to the extent of their entitlement and share, from the date following the date of death of the concerned employee till the date of actual payment, 2 within a period of eight weeks from the date of communication of this order. 9. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.2, Director of Pension, Provident Fund and Group Insurance and the respondent no.3, Treasury Officer, Bankura, for necessary compliance. 10. With the aforesaid direction, the writ petition being WPA 3639 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.) 3