27.01.2026 Sl. No.18(DL)

Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26475 of 2025 Aviram Murmu Versus The State of West Bengal & Ors.

Mrs. Debjani Sahu …for the Petitioner.

Mr. Tapas Kumar Dey …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 direction upon the respondent authorities for interest on delayed payment of gratuity and arrear pension @ 18% per annum from date following the date of retirement till the date of actual payment.

3. The petitioner contends that he was an Assistant Teacher in Nimgram Purba Primary School, P.O. Nimgram, District-Murshidabad. The petitioner retired from service on superannuation on 30^th June, 2023 after rendering 33 years of service. The Pension Payment Order was issued on 25^th September, 2024. petitioner on 3^rd October, 2024. However, no interest on disbursed in favour of the petitioner. Hence, this writ petition.

4. Mrs. Debjani Sahu, learned Advocate for the petitioner submits that the petitioner is entitled to get retiral benefits from the date following the date of his retirement. The gratuity and arrear pension was paid to the petitioner after lapse of more than one year. As such the petitioner is entitled to receive interest on such delayed payment on gratuity and arrear pension.

5. Mr. Tapas Kumar Dey, learned Advocate for the State leaves the matter to the discretion of the Court.

6. From the contention made in the writ petition, it is found that the petitioner retired from service on superannuation on 30^th June, 2023. The amount towards gratuity and arrear pension has been disbursed on 3^rd October, 2024. As such there is delay in disbursement of the aforesaid amount. Hence, the petitioner is entitled to interest on the aforesaid amount of gratuity and arrear pension.

7. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Lalbagh, Murshidabad are directed to disburse interest @ 8% per annum on gratuity and arrear pension in favour of the petitioner from the date following the date of retirement till the date of actual payment within a period of eight weeks from date of communication of this order.

8. 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, Lalbagh, Murshidabad, for necessary compliance.

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

26475 of 2025 stands disposed of.

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

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. 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.)