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2026 DAILYLAW 10296 (CAL)

MIR MOKTAR ALI v. STATE OF WEST BENGAL AND ORS.

WPA/2224/2026 · 2026-04-22

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.04.2026 Sl. No. 23 Ct. No. 14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/2224/2026 MIR MOKTAR ALI VS THE STATE OF WEST BENGAL AND ORS. Ms. Debjani Sahoo …for the Petitioner Mr. Saiful Alam …for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Statement of facts filed by the State furnished by the District Inspector of Schools (S.E.), Purba Bardhaman dated 11th March, 2026 is taken on record. 3. By the present writ petition the petitioner seeks direction upon the respondents for disbursement of interest on delayed payment of gratuity and arrear pension amount at the rate of 18% per annum under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. 4. The petitioner contends that he was appointed as an Assistant Teacher in Gayespur Serapally High Madrasah, Post Office Mondalgram, Police Station Memari, District Purba Bardhaman. After rendering a satisfactory service of 33 years he retired from service on superannuation on 31st January, 2016 as the Teacher-in-Charge from the said Madrasah. The first pension payment order was issued on 10th December, 2015. The revised pension payment order under ROPA 2019 was issued on 27th April, 2021. The revised gratuity and arrear pension amount was disbursed to the petitioner on 4th June, 2021. However, no interest was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition. 5. Ms. Debjani Sahoo, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. She seeks for appropriate orders. 6. Mr. Saiful Alam, learned advocate for the State submits that there is no such delay in disbursement of the same and as such the petitioner is not entitled to interest on delayed payment. 7. Admittedly, ROPA 2019 has been given effect to from 14th February, 2020. The amount has been disbursed on 4th June, 2021. Accordingly, the petitioner is entitled to interest from the date of effect of ROPA 2019. 8. From the contentions made in the writ petition, it is found that the petitioner is entitled to revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020. The revised gratuity and arrear 2 pension amount was disbursed to the petitioner belatedly. In view of the above, the petitioner is entitled to receive interest on revised gratuity and arrear from date of effect of ROPA 2019. 9. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Burdwan-I, are directed to disburse the interest at the rate of @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner by way of pensionary benefits under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. 10. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Burdwan-I, for necessary compliance. 11. With the aforesaid directions, the writ petition being WPA 2224 of 2026 is disposed of. 12. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 13. Consequently, connected applications, if any, stand disposed of. 14. Interim orders, if any, stand vacated. 3 15. There shall be no order as to costs. 16. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 4