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2026 DAILYLAW 36841 (CAL)

MONSIZ HUSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/6732/2026 · 2026-08-25

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Sl. No. 38 Ct. No. 14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/6732/2026 Monsiz Hussain VS The State of West Bengal and Ors. Ms. Debjani Sahu …for the Petitioner. Ms. Ranjana Chatterjee Mr. Jagannath Chatterjee …for the State. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondents for disbursement of interest on delayed payment of gratuity amount at the rate of 18% per annum under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. 3. The petitioner contends that the petitioner’s father, late Abul Hussain was an approved Upper Division Clerk under District Primary School Council, Bardhaman who retired on 31st January, 2019. The first pension payment order was issued on 8th January, 2019. The father of the petitioner expired on 4th April, 2020. The mother of the petitioner pre- deceased his father and died on 17th October, 2012. The revised pension payment order under ROPA 2019 was issued on 23rd May, 2022. The revised gratuity and arrear pension amount was disbursed on 4th July, 2022. However, no interest was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition. 4. Ms. Debjani Sahu, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. She seeks for appropriate orders. 5. Ms. Ranjana Chatterjee, learned advocate for the State leaves the matter to the discretion of this Court. 6. From the contentions made in the writ petition, it is found that the petitioner’s father 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 the year 2022. In view of the above, the petitioner is entitled to receive interest on revised gratuity and arrear from date of effect of ROPA 2019. 7. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance and respondent no. 3, the Treasury Officer, Burdwan-I, are directed to disburse the interest at the rate of @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner to the extent of his share 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 2 within a period of eight weeks from the date of communication of this order. 8. 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 and respondent no. 3, the Treasury Officer, Burdwan-I, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 6732 of 2026 is disposed of. 10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11. Consequently, connected applications, if any, stand disposed of. 12. Interim orders, if any, stand vacated. 13. There shall be no order as to costs. 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