Calcutta High Court
Mastara Bibi v. State of West Bengal & Ors.
WPA/7819/2026
- Decision date
- 2026-07-22
- Text availability
- Full text
- Judges
- Bivas Pattanayak
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
22.07.2026 Sl. No.35 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7819 of 2026 Mastara Bibi Versus The State of West Bengal & Ors. Ms. Arpita Saha …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …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 disbursement of interest on delayed payment of gratuity and arrear pension amount from the date following the date of death of the concerned employee till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that her husband was a Group-D Staff of Manikchak N.B. High Madrasah (H.S.), P.O. Dallutola Police Station Manikkchak, District Malda, who died-in-harness on 15th February, 2023. The pension payment order was issued on 4th January, 2024. The gratuity and arrear pension amount was disbursed on 12th January, 2025. However, no interest on the aforesaid amount has been paid. Hence, this writ petition. 2 4. Ms. Arpita Saha, learned advocate for the petitioner submits that there is a delay in disbursement of the gratuity and arrear pension amount and as such the petitioner is entitled to receive interest on the delayed payment of gratuity and arrear pension amount. She seeks for appropriate orders.
5. Mr. Brijendra pratap Singh learned Advocate for the State leaves the matter to the discretion of the Court. 6. From the aforesaid contentions made in the writ petition, it is found that there is considerable delay in disbursement of the gratuity and arrear pension amount. 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. 7. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Malda-I are directed to disburse the interest at the rate of @ 8% per annum on the gratuity and arrear of pension amount in favour of the petitioner by way of pensionary benefits from the date following the date of death of the husband of the petitioner till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. 8. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 3 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Malda-I, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 7819 of 2026 is disposed of. 10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
11. Consequently, connected applications, if any, stand disposed of. 12. Interim orders, if any, stand vacated. 13. There shall be no order as to costs. 14. 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.)