WPA/15997/2025 of NISITH KUMAR CHATTOPADHYAY Vs THE STATE OF WEST BENGAL AND ORS. on 29 July 2026

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

2. The petitioner was a teacher of a high school who retired from service on March 31, 2018. The grievance of the petitioner is that the e-Pension Payment Order was issued on January 31, 2022 and that the gratuity and arrear pension amount was disbursed to him only on February 17, 2022 belatedly. The petitioner claims interest on delayed payment of the gratuity and arrear pension amount.

3. I have heard the respective submissions advanced on behalf of learned counsel for the parties and considered the orders passed by this court on similar facts.

4. It is settled law that the right of a retired employee to get his retirement dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. Further, gratuity and pension are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive gratuity and pension upon retirement. If payment of such gratuity and pension is delayed, the retired employee is surely entitled to get some interest for such delayed payment.

5. In the present case, it was the bounden duty of the State to disburse the gratuity and pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. Pension and gratuity are welfare provisions aimed at maintaining the life a retired employee and his/her dependents. This is compensatory in nature.

6. In view thereof, I direct the Treasury Officer to pay interest to the writ petitioner at the rate of 5% p.a. on the gratuity and arrear pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.

7. The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the employee.

8. Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

9. Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.

10. The writ petition is disposed of.

11. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

12. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]