08-01-2026

IN THE HIGH COURT AT CALCUTTA

Item No.11

Subrata Constitutional Writ Jurisdiction

Bhattacharyya

Appellate Side

AR(C)

WPA No.12022 of 2023

Samar Kumar Ghosh

-vs-

The State of West Bengal & Ors.

Mr. Hafizur Rahaman …for the petitioner

Ms. Mitali Mukhrejee …for the State

1. Affidavit of service filed in Court be taken on

record.

2. The petitioner was an assistant teacher of a

secondary school who retired from service on June 30, 2019. The grievance of the petitioner is that the Pension Payment Order was issued on March 9, 2022 and that the gratuity amount was disbursed to him only in March 2022. The petitioner claims interest on delayed payment of

the gratuity amount.

3. I have heard the respective submissions advanced

on behalf of learned counsel for the parties and considered the orders passed by this Court in

similar facts.

4. It is settle law that the right of a retired employee

to get his retirement dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. Further, gratuity and pension are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive gr