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2026 DAILYLAW 7104 (CAL)

CHANDRANI JANA MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/22341/2025 · 2026-04-07

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.04.2026 Sl. No.51 Ct. No. 14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22341/2025 CHANDRANI JANA MONDAL VS STATE OF WEST BENGAL AND ORS. Mr. Tamal Taru Panda …for the Petitioner Ms. Bineeta Bhattacharjee …for the State 1. Affidavit of service filed on behalf of the petitioners 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 amount from the date following the date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that her husband, late Sukdev Mondal was a Primary School Teacher of Deulbari Debipur Kachharighat F.P. School, P.O.- Deulbari, P.S.-Kultali, District-South 24-Parganas. The petitioner’s husband died in harness on 29th September, 2023. The pension payment order was issued on 14th July, 2025. The gratuity and arrear pension was disbursed on 5th September, 2025. However, no interest on the aforesaid amount has been paid. Hence this writ petition. 4. Mr. Tamal Taru Panda, learned advocate for the petitioners submits that there is a delay in disbursement of the aforesaid amount and as such the petitioners are entitled to receive interest on the delayed payment of gratuity and arrear pension He seeks for appropriate orders. 5. Despite service, none appears on behalf of the State. 6. Ms. Bineeta Bhattacharjee, learned Advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. The appearance of Ms. Bhattacharjee be regularised by the competent authority. 7. Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Ms. Bhattacharjee, learned Advocate for the State. 8. Ms. Bhattacharjee, learned Advocate for the State leaves the matter to the discretion of this Court. 9. From the aforesaid contentions made in the writ petition, it is found that there is considerable delay in disbursement of the gratuity and arrear pension amount. 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. 2 10. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, West Bengal and respondent no. 4, the Treasury Officer, Baruipur are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension from the date following the date of death of the concerned employee till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. 11. Learned advocate appearing for the petitioners is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Baruipur, for necessary compliance. 12. With the aforesaid directions, the writ petition being WPA 22341 of 2025 is disposed of. 13. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 14. Consequently, connected applications, if any, stand disposed of. 15. Interim orders, if any, stand vacated. 16. There shall be no order as to costs. 17. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. 3 (Bivas Pattanayak, J.) 4