IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

23 16.12.2025 Sc Ct. no.14 WPA 20729 OF 2025 ------ --------

Madhu Sudan Singha Vs.

The State of West Bengal & Ors.

Mr. Avishek Prasad Mr. Sourodeep Singha.

…. For the Petitioner Mr. Subhendu Sen Gupta …. For the Respondents State

1. Affidavit-of-service, filed in Court today, is taken on record.

2. By the present writ petition the petitioner seeks for direction upon the respondent authorities to disburse the interest towards delayed payment of gratuity amount and arrear pension from the date following the date of his retirement till the date of actual payment of the gratuity amount and arrear pension.

3. The petitioner contends that he retired as an Accountant at Murshidabad District Primary School Council on 31^st January, 2023. The Pension Payment Order was issued on 18th December, 2023. The gratuity and arrear pension amount have been disbursed on 4th January, 2024. However, no interest on delayed payment has been made, hence, this writ petition.

4. Mr. Avishek Prasad, learned Advocate appearing for the petitioner seeks for appropriate direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension.

5. Mr. Subhendu Sen Gupta, learned Advocate for the State leaves the matter to the discretion of the Court.

6. It is found from the contention in the writ petition that the employee has retired on 31st January, 2023 and the Pension Payment Order was issued on 18^th December, 2023. The amount has been disbursed on 4^th January, 2024. Thus, it is found that there is a delay in payment of Gratuity and Arrear Pension. It is the bounden duty of the State to disburse the pension and retiral benefits of the employee forthwith failing which, the employee is entitled to interest on the delayed payment of the same.

7. Accordingly, the respondent no.2, Director of Pension Provident Fund and Group Insurance and the respondent no.4, Treasury Officer, Berhampore-I Treasury are directed to disburse interest on the Gratuity and Arrear Pension @8% per annum in favour of the petitioner from the date following the date of retirement of the employee till the date of actual payment of the gratuity and arrear pension.

8. Learned Advocate for the petitioner is directed to communicate this order to respondent no.2, Director of Pension Provident Fund and Group Insurance and the respondent no.4, Treasury Officer, Berhampore-I Treasury, for necessary compliance.

9. With the above direction, the writ petition, WPA

20729 of 2025 stands disposed of.

10. There will be no order as to costs.

11. Since no affidavit has been called for, the allegations made in this writ petition are deemed to be not admitted.

12. The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bivas Pattanayak, J.)