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Calcutta High Court · body

2026 DAILYLAW 36822 (CAL)

BARUN KUMAR DAS v. STATE OF WEST BENGAL AND ORS.

WPA/18541/2025 · 2026-08-25

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Sl. No.8 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18541 of 2025 Barun Kumar Das Versus The State of West Bengal & Ors. Mr. Krishna Pada Santra …for the Petitioner. Mr. Nilendra Narayan Ray …for the State. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Written instruction filed by the District Inspector of Schools (Primary Education), Malda, dated 7th August, 2026 is also taken on record. 3. By the present writ petition the petitioner seeks direction upon the respondent authorities for disbursement of interest on delayed payment of revised gratuity and arrear pension amount at the rate of 18% per annum from the date of effect of ROPA, 2019 till the date of actual payment. 4. The petitioner contends that he was an Assistant Teacher of Mahishbathani New Set-up Primary School, Village Mahishbathan, P.O. Barkol, District Malda. He retired from service on superannuation on 30th September, 2017. The first pension payment order was issued on 14th September, 2017. The revised pension payment order under ROPA 2019 was issued on 29th December, 2021. The revised gratuity 2 and arrear pension amount was disbursed to the petitioner on 6th January, 2022. However, no interest was paid on the delayed payment of revised gratuity and arrear pension amount. Hence this writ petition. 5. Mr. Krishna Pada Santra, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension from the date of effect of ROPA, 2019 till the date of actual payment. He seeks for appropriate orders. 6. Mr. Nilendra Narayan Ray, learned Advocate for the State submits that the revised pension payment order could not be issued since objection was raised from the end of the District Inspector of Schools (PE), Malda, which resulted in delay. He leaves the matter to the discretion of the Court. 7. From the contentions made in the writ petition, it is found that the petitioner is entitled to revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020. The revised gratuity and arrear pension amount was disbursed to the petitioner belatedly. In view of the above, the petitioner is entitled to receive interest on revised gratuity and arrear pension from the date of effect of ROPA 2019, i.e. 14th February, 2020. 8. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Malda-I, are directed to disburse the 3 interest at the rate of @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner by way of pensionary benefits under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. 9. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Malda-I, for necessary compliance. 10. With the aforesaid directions, the writ petition being WPA 18541 of 2025 is disposed of. 11. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 12. Consequently, connected applications, if any, stand disposed of. 13. Interim orders, if any, stand vacated. 14. There shall be no order as to costs. 15. 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.)