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2026 DAILYLAW 115 (CAL)

DHIRENDRA NATH MAHATO v. STATE OF WEST BENGAL AND ORS.

WPA/5371/2026 · 2026-03-19

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.03.2026 30 sdas WPA 5371 of 2026 Dhirendra Nath Mahato Vs. The State of West Bengal & Ors. Mrs. Sudipa Banerjee …. for the petitioner Mr. Amit Kumar Ghosh …. for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on February 28, 2017. 3. The first pension payment order of the petitioner was issued on February 17, 2017. 4. Under the ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing no. 53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on January 2, 2021, in terms thereof, the petitioner received the arrear pension and gratuity on January 4, 2021. 2 5. The petitioner in the instant writ petition is claiming that he is entitled to interest for the delayed payment of the said gratuity and arrear pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer, the respondents herein, to pay such interest. 6. Mr. Ghosh, learned Advocate appearing for the State-respondents does not oppose the prayer of the petitioner. 7. It is now well settled that the petitioner is entitled to the interest, as prayed for. 8. The aforementioned respondents are, therefore, directed to pay interest on the revised gratuity and arrear pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and arrear pension in terms of the said revised pension payment order. 9. The payment, as aforestated, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum. 10. With the aforestated directions, the writ petition is, thus, disposed of. 3 11. There shall, however, be no order as to costs. 12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)