BIBEKANANDA MAITI v. STATE OF WEST BENGAL AND ORS.
WPA/26316/2026 · 2026-10-06
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49600 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49600 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
06.10.2026 Sl. No.45 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 26316 of 2026 Bibekananda Maiti Versus The State of West Bengal & Ors. Ms. Arpita Saha
…for the Petitioner. Mr. Debashis 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 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 retirement till the date of actual payment @ 18% per annum. 3. The petitioner contends that he was a Head Teacher of Guria Primary School, P.O. Byabattarhat, District Purba Medinipur, who retired from service on superannuation on 30th September, 2025. The Pension Payment Order was issued on 3rd August,
2026. The gratuity and arrear pension was disbursed on 24th August, 2026. However, no interest has been paid on delayed payment to the petitioner. Hence, this writ petition. 4. Ms. Arpita Saha, 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
2 date following the date of his retirement till the date of actual payment. 5. Learned Advocate for the State leaves the matter to the discretion of this Court. 6. 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. 7. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Tamluk are gratuity and arrear pension amount in favour of the petitioner from the date following the date of his retirement till the date of actual payment 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, Tamluk, for necessary compliance. 9.
With the above direction, the writ petition being WPA 26316 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. 3
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. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.)