WPA/1970/2025 of LAKSHMIBALA DAS AND ORS. Vs THE STATE OF WEST BENGAL AND ORS. on 21 August 2026

Form No.J(2) In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 1970 OF 2025 Lakshmibala Das & Others Vs. The State of West Bengal & Ors. For the Petitioner : Mr. Ratan Chandra Roy, Adv. For the State : Ms. Eaha Acharya, Adv. Miss. Manisha Dutta, Adv. Heard on : 21.08.2026 Judgment on : 21.08.2026 Aniruddha Roy, J. Affidavit of service filed in Court today, is taken on record. The husband of the petitioner no.1 was an approved Group D Staff of High School, district Cooch Behar. The husband of the petitioner no.1 died in harness on 24.03.2024. The Pension Payment Order was issued by the concerned respondent on 03.03.2025. The petitioner had received pension and gratuity under the

Pension Payment Order on 11.03.2025. The petitioner was entitled to pensionary benefit from the date of retirement, the same was not paid. The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from 25.03.2024. Ms. Eaha Acharya and Miss. Manisha Dutta, learned Advocates appear for the State. It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest. In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the gratuity and arrear pension @ 8% per annum on and from date of death till the date of actual payment being received by the petitioner in terms of the Pension Payment Order. The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

On the above terms, this writ petition being WPA 1970 of 2025 stands disposed of, without any order as to costs. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.) D. Das, P.A.