Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 3625 (CAL)

SANTIMOY SARBABHOUM v. THE STATE OF WEST BENGAL AND ORS.

WPA/14395/2025 · 2026-09-17

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07 1177..0099..22002266 Ct. No.15 b.das WPA 14395 of 2025 + CAN 1 of 2026 + CAN 2 of 2026 Santimoy Sarbabhoum (Since Deceased) substituted by his wife Thandarani Sarbabhoum Vs. The State of W. B. & Ors. Ms. Rima Halder …for the petitioner. Mr. Jayanta Kumar Mukhopadhyay Ms. Anyasha Das …for the State. Affidavit of service filed by the applicant is taken on record. The applicant/petitioner seeks substitution of the petitioner who expired during pendency of the writ petition and condonation of delay in filing the substitution application. Heard learned counsels for the petitioner and the State. Sufficient grounds being made out, the delay in filing the application for substitution is condoned. The substitution application is also allowed for the ends of justice. The cause title of the writ petition be amended accordingly. The applications being CAN 1 of 2026 and CAN 2 of 2026 are disposed of. 2 Affidavit of service filed by the petitioner is taken on record. Heard learned counsels for the parties. The husband of the petitioner was appointed as Panchayat Karmee of Bikna Gram Panchayat and superannuated on 31st March, 2016. Pension payment order was issued by the concerned authority in his favour on 7th April, 2016. Subsequently, there was revision of payment of gratuity amount payable to the petitioner under the ROPA Rules, 2019 and revised pension payment order was issued on 27th May, 2022. The revised gratuity and arrear pension were disbursed in favour of the petitioner on 1st June, 2022. The petitioner has prayed for interest on the revised gratuity and arrear pension amount due to delay in disbursal of the same. Upon consideration of the submission made on behalf of the parties and material on record, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the Treasury Officer, Bankura, being the 3rd and 4th respondents herein, are directed to pay interest to the petitioner @ 8% per annum on the revised gratuity and arrear pension amount calculated from 1st January, 2020 till the date of actual payment of the amount. Such payment shall be made 3 within one month from the date of communication of this order. With the above observation and direction, the writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)