SUBHAS CHANDRA BISWAS v. STATE OF WEST BENGAL AND ORS.
WPA/2004/2026 · 2026-07-21
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30916 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30916 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.07.2026 Sl. No. 09 Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 2004 of 2026 Subhas Chandra Biswas Versus The State of West Bengal & Ors. Mrs. Sabita Khutia (Bhunya) Mr. Krishnapada Santra Ms. Arpita Saha …for the Petitioner Mr. Sundar Gopal Bhattacharyya … for the State
1. By the present writ petition, the petitioner seeks direction upon the respondent authorities, particularly, respondent nos. 2, 3 and 6 to issue revised pension payment order under ROPA, 2019 in favour of the petitioner and release arrear pension accrued thereon with interest @ 18% per annum. 2. The petitioner contends that he was an Assistant Teacher
of
Parhabinagar
Primary
School, Parhabinagar, P.O. Dharmadanga, Police Stqation Bamopngola, District Malda. The petitioner retired from service on superannuation on 31st March, 2017. Pension Payment Order was issued under ROPA, 2009 on 20th March, 2017. The petitioner is entitled to the benefit of ROPA, 2019 notional effect of which as per notification is on and from 1st January, 2016. However, such effect has not been extended to the petitioner. Hence, this writ petition. 3. Ms. Sabita Khutia (Bhunya), learned Advocate appearing on behalf of the petitioner submits that pursuant to the earlier order of this Court dated 7th July, 2026, the petitioner has already submitted necessary documents for issuance of revised pension payment order under ROPA 2019 and for release of arrears accrued thereon. However, no steps have been taken in such regard. 4. Mr. Sundar Gopal Bhattacharyya, learned Advocate representing the State-respondents submits that the financial effect of ROPA 2019 is from 1st January, 2020 and not from 1st January, 2016, as has been claimed by the petitioner. 5. Upon hearing the learned advocates for the respective parties and considering the materials, it is undeniable that the petitioner is not entitled to the revised payment under ROPA 2019. The arrears under revised ROPA 2019 has not been released since the documents are under verification. 6. In view of the above conspectus, respondent no. 2, the Director of Pension Provident Fund and Group Insurance, Government of West Bengal is directed to issue revised pension payment order under ROPA 2019 in favour of the petitioner upon proper verification of the relevant documents. Consequently, release the arrears accrued thereon calculated on and from 1st January, 2020 till the date of actual payment till the date of actual payment.
The arrear shall carry interest @ 8% per annum till the date of actual 2
payment. Such payment shall be made within a period of eight weeks from the date of communication of this order. 7. With the above direction, the writ petition being WPA 2004 of 2026 stands disposed of. 8. Learned advocate for the petitioner is directed to communicate this order to respondent respondent no.2, Director of Pension Provident Fund and Group Insurance, Government of West Bengal, for necessary compliance. 9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. 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.) 3