Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: August 14, 2026
Case Overview
- Parties: Petitioner Ms. Taniya Bhoumik (advocated by Ms. Amrita Maji) vs. The State of West Bengal & Ors. (respondents represented by Mr. Alok Sah and Ms. Manisha Dutta).
- Background: The petitioner’s father, an approved Head Teacher of Jay Bharat Primary School, Darjeeling district, retired on 02‑May‑2025. The State issued a Pension Payment Order on 13‑Apr‑2026, but the petitioner received the pension and gratuity only on 07‑Jun‑2026, constituting a delay.
- Claim: The petitioner sought interest on the delayed gratuity and arrear pension from 03‑May‑2025 (date of death) until actual payment.
- Court Observations: The court noted that pension is the employee’s property; any delay entitles the employee to interest.
Final Outcome
- The 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 until the date of actual receipt.
- The payment and interest calculation must be completed within eight weeks of the order’s communication.
- If the respondents default, an additional interest of 2% per annum accrues until the petitioner receives the amounts.
- Affidavits are not required; the allegations in the writ petition are deemed not admitted by the respondents.
- The writ petition (WPA 1713 of 2026) is disposed of without any order as to costs.
Topics: Pension Interest, Judicial Order, Government Liability