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Calcutta High Court · body

2026 DAILYLAW 47335 (CAL)

BHAGAWATI MANDAL DAS v. STATE OF WEST BENGAL AND ORS.

WPA/7491/2026 · 2026-09-29

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.09.2026 Sl. No.32(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7491 of 2026 Bhagawati Mandal Das Versus The State of West Bengal & Ors. Mr. Krishna Pada Santra …for the Petitioner. Mr. Subhajit Das …for the State. 1. Affidavits-of-service filed on behalf of the petitioner are taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension from the date following the date of death of the petitioner’s husband till the date of actual payment @ 18% per annum. 3. The petitioner contends that her husband late Uttam Kumar Das was a Head Teacher of The Sukdevtola S.C. Primary School, P.O. Sukdevtola, District-Malda, who died-in-harness on 17th October, 2021. The Pension Payment Order was issued on 15th September, 2022. The gratuity and arrear pension was received by the petitioner on 27th September, 2022. However, no interest has been paid to the petitioner. Hence, this writ petition. 2 4. Mr. Krishna Pada Santra, learned Advocate for the petitioner submits that there is delay in disbursement of gratuity and arrear pension and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension. 5. Mr. Subhajit 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 the there is considerable delay in disbursement of the gratuity and arrear pension. 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 and respondent No.3, the Treasury Officer, Malda-I are directed to disburse interest @ 8% per annum on the gratuity and arrear pension in favour of the petitioner by way of pensionary benefits from the date following the date of death of petitioner’s husband till the date of actual payment. Such payment is to be made within a period of eight weeks from 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 and respondent No.3, the Treasury Officer, Malda-I, for necessary compliance. 3 9. With the above direction, the writ petition being WPA 7491 of 2026 stands disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 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.)