Extracted from the PDF above. The PDF is authoritative.
20.01.2026 Sl. No. 21 Ct. No. 14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17973/2025 SAILA RANI SING VS THE STATE OF WEST BENGAL AND ORS. Mr. Debasis Dey Ms. Sanchayita De …for the Petitioner Mr. Biswanath Samanta …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 respondents to disburse the interest towards the delayed payment of gratuity and arrear family pension at the rate of 18% per annum. 3. The petitioner is the widow of the deceased teacher. She contends that her husband was an Assistant Teacher of a primary school under Rohini Circle in the district of Jhargram, who retired on 30th November, 2012 on superannuation and died on 5th August, 2024. The pension payment order under ROPA 2009 was issued on 7th November, 2013 and the gratuity and arrear pension was released on 27th December, 2013. However, no interest was paid on
the delayed payment of gratuity and arrear pension. Hence this writ petition. 4. Mr. Debasis Dey, learned advocate for the petitioner submits that the husband of the petitioner was entitled to pension forthwith from the date following the date of his retirement. However, the gratuity and arrear pension was paid belatedly. As such, the petitioner is entitled to interest on gratuity and arrear pension. 5. Mr. Biswanath Samanta, learned advocate for the State leaves the matter to the discretion of the Court. 6. In view of the contentions raised in the writ petition, it is found that the employee retired from service on superannuation on 30th November, 2012 and the gratuity and arrear pension amount was paid on 27th December, 2013. As such there is delay in making the payment. Hence the petitioner, being the widow of the deceased employee, is entitled to interest on gratuity and arrear pension. 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, Jhargram, P.O. & P.S. Jhargram, Dist. Jhargram are directed to disburse the interest at the rate of interest @ 8% per annum on the gratuity and arrear of pension in favour of the petitioner by way of the pensionary benefits from the date following the date of retirement till the date of actual payment.
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Such payment is to be made within a period of eight weeks from the date of communication of this order. 8. Learned advocate 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, P.O. & P.S. Jhargram for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 17973 of 2025 stands 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.) 3