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2026 DAILYLAW 30580 (CAL)

SURABHI DAS MAHAPATRA(SARKAR) v. THE STATE OF WEST BENGAL AND ORS

WPA/1253/2026 · 2026-07-27

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 10 (1629) 27.07.2026 (JPD 19) (S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 1253 of 2026 Surabhi Das Mahapatra (Sarkar) Vs. The State of West Bengal & Ors. Ms. Taniya Bhoumik … for the petitioner Mr. Salok Sah Ms. Tamanna Kar … for the State Affidavit-of-service filed in Court today be kept with the record. The petitioner was an approved Assistant Professor of Ananda Chandra College and retired from his said service on superannuation on March 31, 2007. The first pension payment order of the petitioner was issued on January 31, 2008. Under the ROPA Rules, 2009, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No. 73- SE(B)/IM-4/2009 dated May 19, 2009 and the 2 revised pension payment order of the petitioner under ROPA, 2009 was issued on August 12, 2011 in terms of the said revised pension payment order, the petitioner received the arrear pension and gratuity on April 2, 2012. 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 respondent herein, to pay such interest. It is now well-settled that the petitioner is entitled to the interest, as prayed for. 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., May 19, 2009 till the date of payment of revised gratuity and arrear pension in terms of the said revised Pension Payment Order. The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said 3 arrear amount shall fetch an additional interest of 2% per annum. This writ petition stands disposed of with the above directions. There shall be no order as to costs. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of requisite formalities. (Hiranmay Bhattacharyya, J.)