Madan Mohan Guchhait v. State Of West Bengal And ORS.

05.08.2025 court no. 42 serial no. 21 kaushik

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2142 of 2024 Madan Mohan Guchhait Vs.

The State of West Bengal & Ors.

Ms. Sudipa Banerjee ... ... for the Petitioners Mr. Hare Krishna Haldar ... ... for the State By the present writ petition, the petitioner seeks for disbursement of interest amount towards revised gratuity as well as arrear pension amount under ROPA 2019 from the date on which the amount is due and payable till the date of actual payment.

The petitioner contends that he was an Executive Assistant of Vibekananda Gram Panchayat at Kamalpur, District - Purba Medinipur and retired from his service on 30th January, 2016. The Pension Payment Order (PPO) was issued on 14th January, 2016. The petitioner received the first part of gratuity as well as the arrear pension amount on 28th February, 2016 and second part received on 21st January, 2021 under ROPA 2019. However, the interest amount has not been paid on the revised gratuity and revised arrear pension amount. Hence this writ petition.

Ms. Sudipa Banerjee, learned advocate for the petitioner submits that although the petitioner has received revised gratuity and revised arrear pension amount under ROPA 2019, however, no interest has been paid on such delayed payment. The petitioner is entitled to interest on such amount. In support of her contention, she relies on the decision of this Court passed in Krishnapada Patra versus The State of West Bengal & Ors. in WPA 1971 of 2024.

By order dated 30th July, 2025, the State authority was directed to furnish the report. Learned advocate for the State submits that no such report has been received. He leaves the matter to the discretion of the Court.

Bearing in mind the decision in Krishnapada Patra (supra) and considering the submissions advanced on behalf of the petitioner, the writ petition is disposed of, accordingly, by directing the Director of Pension, Provident Fund and Group Insurance being the respondent no. 3 as well as the concerned Treasury Officer, Egra being the respondent no. 4 to pay interest @8% per annum on the revised gratuity and revised arrear pension amount calculated on and from date on which the amount is due and payable till the date of actual payment to the petitioner, if not already paid.

Such payment shall be made within a period of eight weeks from the date of communication of this order. Learned advocate for the petitioner is directed to communicate this order to the respondent nos. 3 and 4. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

All connected applications, if any, also stand disposed of.

Interim orders, if any, stand vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Bivas Pattanayak, J.)