29.09.2026 Sl. No.39 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26865 of 2026 Anjana Ghosh Versus The State of West Bengal & Ors. Mr. Goutam Malik …for the Petitioner. Mr. Sourav Sengupta Mr. Bijoy Bag …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 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 employee concerned till the date of actual payment @ 18% per annum. 3. The petitioner contends that her husband Late Jagabandhu Ghosh was an approved Head Teacher of Chuamosina Primary School, P.O. Chuamosina, District Bankura, who died in-harness on 3rd August, 2022. The Pension Payment Order was issued on 4th May, 2023. The gratuity and arrear pension was disbursed on 20th July, 2023. However, no interest has been paid on delayed payment to the petitioner. Hence, this writ petition. 2 4. Mr. Goutam Malik, learned advocate for the petitioner submits that there is delay in making payment of gratuity and arrear pension amount. The petitioner is entitled to get interest on the said amount from the date following the date of death of the deceased employee till the date of actual payment. 5. Despite service none appears on behalf of the State. 6. Mr. Sourav Sengupta, learned Advocate who usually appears on behalf of the State is requested to appear in this matter with junior of his choice. Let their appointment be regularised by the competent authority. 7. Learned Advocate for the petitioner is directed to serve copy of the writ petition along with its annexures upon the learned Advocate for the State. 8. Mr. Sengupta, learned Advocate for the State leaves the matter to the discretion of this Court. 9. From the contention made in the writ petition, it is found that the petitioner received the gratuity and arrear pension amount after a considerable delay. It is the bounden duty of the State to pay pension and retiral dues to the employee forthwith, failing which the employee is entitled to get interest on such delayed payment. 10. It is found from the Pension Payment Order that the daughter of the deceased employee has not been arrayed as party in the present writ proceeding. She is also entitled to half share of the aforesaid amount. 3 11. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Bishnupur are directed to disburse interest @ 8% per annum on the gratuity and arrear pension amount in favour of the petitioner from the date following the date of death of the employee concerned till the date of actual payment within a period of eight weeks from date of communication of this order, to the extent of her entitlement and share. As per the pension payment order the daughter of the deceased employee namely Riyanka Ghosh has also a share there. The share of daughter is also to be disbursed in her favour. Such payment shall also be made within a period of eight weeks from the date of communication of this order. 12. 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, Bishnupur, for necessary compliance. 13. With the above direction, the writ petition being WPA 26865 of 2026 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 4 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. 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.)