WPA/17937/2025 of SEPHALI SARKAR Vs THE STATE OF WEST BENGAL AND ORS. on 29 July 2026

1. Affidavit-of-service filed in Court today is taken on record.

2. None appears on behalf of the State respondents in spite of service.

3. The husband of the petitioner was a Clerk in a High School. He died-in-harness on 20.02.2019. The grievance of the petitioner is that though PPO was issued on 20.06.2019 and the revised gratuity and arrear pension amount was disbursed to her only on 30.07.2021. The petitioner claims interest on delayed payment of the revised gratuity and revised arrear family pension amount.

4. I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

5. It is settled law that the right of a retired employee to get his retiral 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.

6. In the present case, it was the bounden duty of the State to disburse the arrear 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 of a retired employee and his/her dependents. This is compensatory in nature.

7. In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 5% per annum on the revised gratuity and revised arrear family pension calculated on and from the due date till the actual date of payment provided the delay caused was not attributable to the petitioner.

8. 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.

9. 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.

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

11. The writ petition stands disposed of.

12. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

13. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)