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2026 DAILYLAW 30089 (CAL)

AMAL CHANDRA SARKAR v. THE STATE OF WEST BENGAL AND ORS

WPA/1255/2026 · 2026-07-24

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 50 24/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 1255 of 2026 Amal Chandra Sarkar Vs. The State of West Bengal & Ors. Ms. Taniya Bhowmik ….for the petitioner Ms. Mrinmayee Das Ms. Manisha Dutta ….for the State Affidavit of service filed in Court is taken on record. The learned advocate appearing for the petitioner submits that the respondents have been duly served. In spite of service none appears for the State. Ms. Mrinmayee Das, learned advocate is present in Court and requested to appear in this matter. Let the appointment of Ms. Das along with a junior of her choice be regularised by the concerned authority. The petitioner a clerk of a Balmiki Vidyapith High School, who retired from service on November 30, 2018. The Pension Payment Order (in short “PPO”) was issued on October 29, 2018 under the ROPA Rules, 2019, the pension and gratuity amount of the petitioner was revised and accordingly, a revised PPO was issued on January 8, 2021. Pursuant to the 2 revised PPO, the revised gratuity ad revised arrear pension was disbursed in favour of the petitioner on January 29, 2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of revised gratuity and arrear pension amount. The learned Advocate for the State opposes the prayer for payment of interest on such delayed payment as the writ petition is a belated one. The learned Advocate for the petitioner placed reliance upon a decision of a co-ordinate Bench of this Court in WPA No.9787 of 2022 (Bidyut Kolya Vs. State of West Bengal & Ors.) passed on June 14, 2022. The coordinate Bench noticed the decision of the Hon’ble Supreme Court in the case of Union of India Vs. Tarsem Singh; reported at (2008) 8 SCC 648 on the issue of limitation regarding payment of re-fixation of pay and pension wherein it was held that such relief may be granted in spite of delay as the rights of third parties are not in any affected thereby. Relying on such proposition laid down by the Hon’ble Supreme Court, the co-ordinate Bench held that the petitioner is entitled to interest. The said decision is squarely applicable to the case of the petitioner. In view thereof, WPA 1255 of 2026 is disposed of by directing the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as 3 well as the Treasury Officer, Dinhata being the respondent nos.2 and 4 herein respectively to pay interest to the petitioner @ 8% per annum on the revised gratuity and revised arrear pension calculated on and from January 29, 2021 till the date of actual payment. Such payment is to be made positively within a period of eight weeks from the date of communication of this order. Since no affidavits have been called for, the allegations contained in the writ petition shall be deemed not to have been admitted by the respondents. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)