16.02.2026 Sl. No.73(DL)

Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19522 of 2025 Rita Ghosh Versus The State of West Bengal & Ors.

Mrs. Debjani Sahu …for the Petitioner.

Ms. Susmita Biswas Chowdury …for the State.

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension from the date following the date of death of the petitioner’s husband till the date of actual payment @ 18% per annum.

3. The petitioner contends that her husband was an Assistant Primary Teacher of 36 Kartikerpara Primary School, P.O. Babultali, District-Murshidabad, who died- in-harness on 11th June, 2018. The Pension Payment Order was issued on 1^st April, 2019. The gratuity and arrear pension was received by the petitioner on 10^th July, 2019. However, no interest has been paid to the petitioner. Hence, this writ petition.

4. Mrs. Debjani Sahu, learned Advocate for the petitioner submits that there is delay in disbursement of gratuity and arrear pension and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension.

5. Despite service, none appears on behalf of the State.

6. Ms. Susmita Biswas Chowdhury, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Ms. Susmita Biswas Chowdhury be regularised by the concerned authority.

7. Let a copy of the writ petition along with its annexure be served upon Ms. Biswas Chowdhury, learned Advocate for the State respondents.

8. Ms. Biswas Chowdhury, learned Advocate for the State leaves the matter to the discretion of the Court.

9. Though there is delay in making such claim, however, delay per se cannot defeat the valuable right of the petitioner. Relief may be granted to the writ petitioner in spite of the delay if it does not affect the right of third parties. [See: Union of India versus Tarsem Singh reported in (2008) 3 SCC 648

10. From the aforesaid contentions made in the writ petition, it is found that the there is considerable delay in disbursement of the gratuity and arrear pension. 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.

11. Accordingly, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Kandi, Murshidabad are directed to disburse interest @ 8% per annum on the gratuity and arrear pension in favour of the petitioner by way of pensionary benefits from the date following the date of death of petitioner’s husband till the date of actual payment. Such payment is to be made within a period of eight weeks from date of communication of this order.

12. Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Kandi, Murshidabad, for necessary compliance.

13. With the above direction, the writ petition being WPA

19522 of 2025 stands 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. 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.)