TILAK CHANDRA ROY v. THE STATE OF WEST BENGAL AND ORS
WPA/1365/2026 · 2026-07-27
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30628 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30628 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 10 (1629)
27.07.2026
(JPD 24)
(S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side
WPA 1365 of 2026
Tilak Chandra Roy Vs. The State of West Bengal & Ors.
Mr. Debjit Kundu … for the petitioner Mr. Samar Rakshit Ms. Manisha Dutta … for the State
Affidavit-of-service filed in Court today be kept with the record. The petitioner was an assistant teacher of a primary school, who retired from service on May 31, 2016. The Pension Payment Order (in short, “PPO”) was issued on June 16, 2016. Under the ROPA Rules, 2019, the pension and gratuity amount of the petitioner was revised and accordingly, a revised PPO was issued on October 29,
2025. Pursuant to the revised PPO, the revised gratuity and revised arrear pension was disbursed in favour of the petitioner on December 1, 2025 in terms of ROPA, 2019.
2 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 refixation 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.
3 The said decision is squarely applicable to the case of the petitioner. In view thereof, this writ petition is
disposed of by directing the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as well as the Treasury Officer, Mekhliganj 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 February 14, 2020 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 shall be no order as to costs. Urgent photostat certified copy of this
order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
4 There shall be no order as to costs.
(Hiranmay Bhattacharyya, J.)