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Calcutta High Court · body

2026 DAILYLAW 38014 (CAL)

ASIM KUMAR BANERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/7638/2026 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.25 Ct. No.14 ARDR IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7638 of 2026 Asim Kumar Banerjee Versus The State of West Bengal & Ors. Ms. Debjani Sahu …for the Petitioner. Mr. Sourav Sengupta, Ms. Sruti Datta …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 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 petitioner contends that he was a Head Teacher of Mankar Yard Free Primary School, Post Office Mankar, District Purba Bardhaman. He retired from service on superannuation on 31st December, 2016. The first pension payment order was issued on 16th November, 2016. The revised pension payment order under ROPA 2019 was issued on 4th July, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 21st July, 2022. However, no interest was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition. 2 4. Ms. Debjani Sahu, 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. She seeks for appropriate orders. 5. None appears on behalf of the State. 6. Mr. Sourav Sengupta learned advocate who usually appears on behalf of the State is requested to appear in this matter on behalf of the State with junior of his choice. Let their appointment be regularised by the competent authority. 7. The petitioner is directed to serve copy of this application along with its annexures upon learned advocate for the State. 8. Mr. Sengupta, learned Advocate for the State leaves the matter to the discretion of the Court. 9. 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. 10. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Durgapur, are directed to disburse the interest at the rate of @ 8% per annum on the 3 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. 11. 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, Durgapur, for necessary compliance. 12. With the aforesaid directions, the writ petition being WPA 7638 of 2026 is disposed of. 13. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 14. Consequently, connected applications, if any, stand disposed of. 15. Interim orders, if any, stand vacated. 16. There shall be no order as to costs. 17. 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.)