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2026 DAILYLAW 6293 (CAL)

KALPANA SING KOTAL v. STATE OF WEST BENGAL AND ORS.

WPA/18473/2025 · 2026-02-02

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.02.2026 Sl. No.74 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18473/2025 KALPANA SING KOTAL VS STATE OF WEST BENGAL AND ORS. Ms. Jonaki Saha …for the Petitioner. 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 respondent authorities to disburse the interest on gratuity and arrear pension in favour of the petitioner at the rate of 18% per annum from the date following the date of death of the deceased employee till the date of actual payment. 3. The petitioner contends that the petitioner’s husband was an Assistant Teacher of Chayapara Special Primary School, P.O.-Jaypura, District-Jhargram. The petitioner’s husband died in harness on 21st December, 2019. The Pension Payment Order was issued on 2nd December, 2024. The gratuity and arrear of pension was disbursed in favour of the petitioner on 6th January, 2025. However, no interest was paid on such delayed payment. Hence this writ petition. 4. Ms. Jonaki Saha, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of gratuity and arrear of pension. 5. None appears on behalf of the State. 6. Ms. Bineeta Bhattacharjee, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised. 7. The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms. Bineeta Bhattacharjee, learned advocate for the State. 8. Ms. Bhattacharjee, learned advocate for the State leaves the matter to the discretion of the Court. 9. From the contention in the writ petition it is found that there is delay in payment of gratuity and arrear of pension. 10. Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3-Treasury Officer, Jhargram are directed to pay the interest at the rate of interest @ 8% per annum on gratuity and arrear pension in favour of the petitioner on and from 22nd December, 2019 till the date of issuance of the Pension Payment Order. 11. Such payment is to be made within a period of eight weeks from the date of communication of this order. 12. Petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Jhargram for necessary action. 2 13. With the aforesaid directions, the writ petition being WPA 18473 of 2025 is 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. 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.) 3