Extracted from the PDF above. The PDF is authoritative.
29.09.2026 Sl. No.38 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 26860 of 2026 Swapna 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 was an approved Assistant Teacher of Barabhum Primary School, P.O. Barabhum, District Purulia, who died in- harness on 22nd October, 2022. The Pension Payment
Order was issued on 17th May, 2023. The gratuity and arrear pension was disbursed on 11th July, 2023. However, no interest has been paid on delayed payment to the petitioner. Hence, this writ petition.
4. Mr. Goutam Malik, learned advocate for the petitioner submits that there is delay in making payment of
2 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. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Purulia are
directed to disburse the interest at the rate of 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
3 of actual payment within a period of eight weeks from date of communication of this order.
11. 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, Purulia, for necessary compliance.
12. With the above direction, the writ petition being WPA 26860 of 2026 stands disposed of.
13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
14. Interim order, if any, stands vacated.
15. All connected applications, if any, stand disposed of.
16. There shall be no order as to costs.
17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
18. 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.)