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2026 Supreme(Online)(Cal) 1189

CALCUTTA HIGH COURT
RANU KHATUN – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 19482 / 2025



07.01.2026 Item No. 19 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19482 of 2025 Ranu Khatun vs.

State of West Bengal & ors.

Mr. Krishna Pada Santra … for the petitioner Mr. Sayan Ganguly … 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 respondent authorities for disbursement of interest on delayed payment of gratuity and arrear pension amount from the date following the date of death of the husband of the petitioner till the date of actual payment alongwith the interest @ 18% per annum.

3. The petitioner contends that her husband, late Masihur Rahaman was a clerk in the Gopalpur Durgapur Sr. High Madrasah, Vill. Gopalpur, P.O. Kharba, P.S. Chanchal, Dist. Malda. The petitioner’s husband died-in-harness on 11th April, 2022 after rendering service of nine years. The pension payment order was issued in favour of the petitioner on 1st September, 2022. The gratuity amount and arrear pension amount were paid on 6th September, 2022. and arrear pension amount is paid. Hence this writ petition.

4. Mr. Krishnapada Santra, learned advocate appearing for the petitioner submits that the petitioner is entitled to interest on delayed payment of gratuity and arrear pension amount from the date following the date of death of the husband of the petitioner till the date of actual payment alongwith the interest.

5. On the contrary, Mr. Sayan Ganguly, learned advocate representing the State leaves the matter to the discretion of the Court.

6. It is found that the petitioner’s husband who was an employee / clerk in the Gopalpur Durgapur Sr. High Madrasah, Vill. Gopalpur, P.O. Kharba, P.S. Chanchal, Dist. Malda died-in-harness on 11th April, 2022. The pension payment order was issued on 1st September, 2022 and the gratuity amount and arrear pension amount was disbursed to the petitioner on 6th September, 2022. As such, there is delay in disbursement of the aforesaid amount which entitles the petitioner to interest on delayed payment of gratuity and arrear pension amount.

7. Accordingly, respondent no. 2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, Treasury Officer, Chanchal, Malda are directed to disburse interest @ arrear pension amount from the date following the date of death of the husband of the petitioner i.e. 12th April, 2022 till the date of actual payment. Such payment shall be made within a period of eight weeks from the date of communication of this order.

8. Learned advocate for the petitioner is directed communicate this order to respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Chanchal, Malda for necessary compliance.

9. With the above observations, WPA 19482 of 2025 stands disposed of.

10. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

11. Consequently, connected applications, if any, also stand disposed of.

12. Interim orders, if any, stand vacated.

13. There will be no order as to costs.

14. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Bivas Pattanayak, J.)

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