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Calcutta High Court · body

2026 DAILYLAW 37016 (CAL)

JHUMA DAS AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/948/2026 · 2026-08-25

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Sl. No.29 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 948 of 2026 Jhuma Das & anr. Versus The State of West Bengal & Ors. Ms. Arpita Saha …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition the petitioners seek 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. 3. The petitioners contend that the deceased employee is the husband of petitioner no.1 and father of petitioner no.2. The deceased employee was an Assistant Teacher of The Chata Beria F.P. School, Village & P.O. Chataberia, District South 24-Parganas, who died-in- harness on 10th December, 2016 after discharging 7 years of qualifying service. The first pension payment order was issued on 4th June, 2018. The revised pension payment order under ROPA 2019 was issued on 28th April, 2025. The revised gratuity and arrear pension amount was disbursed in favour of the petitioners on 1st June, 2025. However, no interest 2 was paid on the delayed payment of revised gratuity and arrear pension amount. Hence this writ petition. 4. Ms. Arpita Saha, learned advocate for the petitioners submits that the petitioners are entitled to the interest on revised gratuity and arrear pension from the date of effect of ROPA, 2019 till the date of actual payment. She seeks for appropriate orders. 5. Mr. Brijendra Pratap Singh, learned Advocate for the State leaves the matter to the discretion of the Court. 6. From the contentions made in the writ petition, it is found that the petitioners are 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 petitioners belatedly. In view of the above, the petitioners are entitled to receive interest on revised gratuity and arrear pension from the date of effect of ROPA 2019, i.e. 14th February, 2020. 7. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Baruipur, are directed to disburse the interest at the rate of @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioners by way of pensionary benefits under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment, to the extent of their shares and entitlement. Such payment is to be made within a 3 period of eight weeks from the date of communication of this order. 8. Learned advocate appearing for the petitioners 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, Baruipur, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 948 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.)