Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 13 August 2026
Case Overview
- Parties: Petitioner Krishnokoli Sarkar (represented by Adv. Ms. Taniya Bhoumik) vs. State of West Bengal & others (represented by Adv. Mr. Ashoke Kumar Singhi and Adv. Mr. Tuhin Kumar Roy).
- Background: The petitioner’s father was an approved Assistant Teacher of Kalabari B.F. Primary School, Jalpaiguri district, who died on 11‑04‑1988. A Pension Payment Order was issued by the respondent on 12‑09‑2022. The petitioner received pension and arrear pension on 08‑03‑2013 but alleges that pensionary benefits from the date of retirement were not paid, and seeks interest on delayed gratuity and arrear pension from 12‑04‑1988.
- Legal Issue: Whether the petitioner is entitled to interest on delayed pension payments and the rate applicable.
Court Findings and Directions
- The court held that pension payable to an employee is property of the employee; any delay entitles the employee to interest.
- Respondents, including 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 at 8% per annum from the date of death (11‑04‑1988) until actual payment.
- In case of default, an additional interest of 2% per annum shall accrue until the petitioner receives the amounts.
- The entire exercise must be completed within eight weeks from the date of communication of this order.
- Affidavits are not required; the allegations in the writ petition are deemed not admitted by the respondents.
Final Outcome
- The writ petition (WPA 1618 of 2026) is disposed of without any order as to costs. Respondents must comply with the interest payment and timeline directives.
Topics: Pension, Interest, Legal Order