05.01.2026

SL. No.5

Court No.2

SKG

Calcutta High Court

In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction

W.P.A. No. 2434 of 2025 Krishna Chandra Sarkar

Versus

The State of West Bengal & Ors.

Mr. Debajit Kundu …for the Petitioner.

Mr. Subir Kumar Saha,

Mr. Kumar Shantanu,

… for the State.

1. Affidavit of service filed in Court today be taken on

record.

2. The petitioner was a teacher in a Primary School,

who retired from service on 31.08.2023. The pension payment order was issued in favour of the petitioner on 18.06.2025 and he received the

gratuity and arrear pension on 01.07.2025.

3. The grievance of the petitioner is that interest on

delayed payment of gratuity and arrear pension

has not been paid.

4. It is now settled law that pension and gratuity are

to be released to the retired employee immediately upon retirement and in case of delay in releasing the pension and gratuity amount, the retired

employee is entitled to get interest.

5. Similar orders have already been passed by this

court, by which retired employees were granted

interest for delayed payment of gratuity and arrear pension.

6. It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannution is a valuable right which accrues in his favour on the date of attaining superannuation.

7. Gratuity and pension were no longer to be a bounty to be handed out by the State at its whim. An employee had a right to receive gratuity and pension as also interest on delayed payment of the same, upon retirement.

8. As such, in view of decision of Union of India vs.

Tarsem Singh reported in (2008) 8 SCC 648 in spite of delay in making the application for interest on gratuity the delay was not fatal and shall not take away the claim of the petitioner in getting interest on delayed payment.

9. The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 8% per annum on the gratuity and arrear pension amount from the date of retirement till the actual date of disbursement.

10. Such payment is to be made within three months from the date of communication of the certified copy of this order to the concerned authorities.

11. Needless to mention that before any such disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant who has approached this court.

12. With the aforesaid observation and directions, the writ petition is, thus, disposed of. There shall be no order as to costs.

13. Urgent photostat certified copy of this order, if applied for, be given to the parties subject to compliance of all necessary formalities.

(Shampa Sarkar, J.)