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Calcutta High Court · body

2026 DAILYLAW 38218 (CAL)

DALI MANDAL v. STATE OF WEST BENGAL AND ORS.

WPA/9408/2026 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.30 Ct. No.14 b.das IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9408 of 2026 Dali Mondal Versus The State of West Bengal & Ors. Mr. Sourav Mitra Ms. Sreyasree Chowdhury …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …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, 2009 till the date of actual payment. 3. The petitioner contends that her husband late Biswanath Mandal was an Assistant Teacher of Kalaberia Primary School, District Nadia, who died in harness on 25th November, 2006. The first pension payment order was issued on 24th July, 2007. The revised pension payment order under ROPA 2009 was issued on 21st March, 2012. The revised gratuity and arrear pension amount was disbursed to the petitioner on 30th April, 2012. However, no interest 2 was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition. 4. Mr. Sourav Mitra, 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, 2009 till the date of actual payment. He seeks for appropriate orders. 5. Since the State is unrepresented, Mr. Brijendra Pratap Singh, learned Advocate who usually appears on behalf of the State-respondents is requested to appear in this matter with a junior of his choice. Let their appointment be regularized by the competent authority. 6. Learned Advocate for the petitioner is directed to hand over copy of the writ petition along with its annexures upon learned Advocate for the State. 7. Mr. Singh, learned Advocate for the State leaves the matter to the discretion of the Court. 8. In terms of ROPA 2009 the petitioner is entitled to receive the revised gratuity and arrear pension amount from the date of effect of ROPA 2009, i.e. 19th May, 2009. The revised gratuity and arrear pension is disbursed on 30th April, 2012. As there is delay in disbursement of the amount, the petitioner is entitled to interest on the aforesaid amount. 9. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Tehatta, 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 2009 with effect from 19th May, 2009 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. 10. 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, Tehatta, for necessary compliance. 11. With the aforesaid directions, the writ petition being WPA 9408 of 2026 is disposed of. 12. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 13. Consequently, connected applications, if any, stand disposed of. 14. Interim orders, if any, stand vacated. 15. There shall be no order as to costs. 16. 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.)