SIDDHESWAR DAS v. THE STATE OF WEST BENGAL AND ORS
WPA/1417/2025 · 2025-09-02
Aniruddha Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53174 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53174 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Form No.J(2)
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Jalpaiguri Circuit Bench
Present: The Hon’ble Justice Aniruddha Roy
WPA 1417 OF 2025
Siddheswar Das
Vs. The State of West Bengal & Ors. For the Petitioner : Ms. Amrita Maji, Adv. For the State
: Mr. Sumit Kumar, Adv. Ms. Rima Sarkar, Adv. Heard on
: 02.09.2025
Judgment on
: 02.09.2025
Aniruddha Roy, J.
Affidavit of service filed in Court today, is taken on record. The petitioner was an approved Group-D Staff at Secondary School. He had retired from his employment on 30.11.2017. The Pension Payment Order was issued by the concerned respondent on 14.11.2017 and ROPA part was issued on 25.08.2021. Under ROPA Rules, 2019, there was a revision of Pension, Gratuity and computation of Pension of the pensioners under the Government Notification /Memorandum bearing No.53/ES/P/P&B/10M-99/2019
2 dated February 14, 2020 and the revised Pension Payment Order of the petitioner under ROPA, 2019 was issued on 25.08.2021 at page 11 to the writ petition. The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from February 14, 2020. Mr. Sumit Kumar and Ms. Rima Sarkar, 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 revised gratuity and revised arrear pension @ 8% per annum on and from February 14, 2020 till the date of actual payment being received by the petitioner in terms of the revised 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.
3 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 1417 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.