Calcutta High Court

WPA/1689/2026 of KHAGENDRA NATH MODAK Vs THE STATE OF WEST BENGAL AND ORS on 13 August 2026

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Sl. No. 22 S.Barman In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional

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Form No.J(2) Sl. No. 22 S.Barman 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 1689 OF 2026 Khagendra Nath Modak Vs. The State of West Bengal & Ors. For the Petitioner : Mr. Debajit Kundu, Adv. For the Respondent State : Mr. Salok sah, Adv. Mr. Tuhin Kumar Roy, Adv. Heard on : August 13, 2026 Judgment on : August 13, 2026 [In Court] Aniruddha Roy, J. Affidavit-of-service, filed in Court today, is taken on record. Mr. Debajit Kundu, learned Advocate appears for the petitioner. Mr. Salok Sah, learned Advocate with Mr. Tuhin Kumar Roy learned Advocate appears for the respondents State.

2 Pursuant to the PPO issued by the D.P.P.G. on 25.06.2021, the commuted value of pension was released to the petitioner on 07.07.2021. The writ petitioner retired from service on 31.10.2018. It is an admitted position that the interest accrues to an employee on delayed payment of lawful retiral benefits. The aforesaid position is a settled law in catena of decisions of the Hon'ble Supreme Court of India. In that view of the matter, the concerned Treasury Officer to pay interest to the petitioner at the rate of 7% per annum from 14.02.2020 on the actual amount of commuted pension released to him until 07.07.2021. The said amount shall be released to the petitioner within one month into his pension payable Bank Account. In default of payment of the interest component as indicated hereinabove within the stipulated period, the rate of interest shall stand increased to 8% per annum. On the above terms, this writ petition being WPA 1689 of 2026 stands disposed of, without any order as to costs. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.) S. Barman, P.S.

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