Arundhati Halder v. The State Of West Bengal And ORS.
05.01.2026 Sl. No.5(ML) Ct. No.14 srm
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2492 of 2025 Arundhati Halder
Versus
The State of West Bengal & Ors.
Mr. K.M. Hossain, Ms. Keya Sutradhar, Mr. K. A. Ali, Mr. Mayukh Saha ...for the Petitioner.
Mr. Sanjay Mukherjee ...for the State.
Mr. Bhaskar Prasad Vaisya, Mr. Gourav Das ...for the DPSC, South 24-Parganas.
1.
By the present writ petition, the petitioner seeks for release of pensionary benefits as per ROPA, 2019 from the date following the date of discharge from criminal proceedings and interest from date following the date of discharge.
2.
The petitioner contends that she was a head teacher of Heliagachi F.P. School under Kulpi 33 Circle, P.O. Hotugunj, District-24-Parganas (South). During her service tenure, the petitioner was charged with a criminal case registered as Kulpi P.S. Case No.476 dated 20th September, 2022 under Section 409 of IPC. The petitioner retired from service on superannuation on 31st March, 2016. Subsequent thereto, on 27th
September, 2022, the petitioner was acquitted from the charges in the criminal proceedings. The Pension Payment Order under ROPA, 2009 was issued on 26th February, 2016 with effect from 1st April, 2016. However, the amount was not disbursed due to pendency of the criminal proceedings. Thereafter, the amount has been disbursed in favour of the petitioner on 6th July, 2023. The petitioner was also given pensionary benefits in terms of ROPA, 2019 on 15th July, 2025. However, no intterest on the arrear of ROPA 2019 has been paid since the date following her discharge from the criminal proceedings.
The petitioner seeks for interest on arrear of ROPA, 2019 from the date following the date of discharge, i.e. from 28th September, 2022 till 15th July, 2025.
3.
Report filed by the District Inspector of Schools (Primary Education), South 24-Parganas dated 29th July, 2025 is taken on record.
4.
Mr. Gourav Das, learned Advocate representing the District Primary School Council, South 24-Parganas as well as Mr. Sanjay Mukherjee, learned Advocate appearing for the State submits that the petitioner is entitled to the said benefit.
5.
Admittedly, the petitioner has been paid arrears under ROPA 2019 on 15th July, 2025. Undisputedly, the interest has not been paid on such arrear after her discharge from criminal proceedings.
6.
In view of such submissions and the circumstances as noted above, the respondent No.6, Head Teacher, Heliagachi F.P. School, Hotuganj, South 24-Parganas is directed to calculate @ 8% per annum the interest on the arrear under ROPA, 2019 from date following the date of discharge, i.e. from 28th September, 2022 till 15th July, 2025 and forward the same to the respondent No.3, the District Inspector of Schools (Primary Education), South 24-Parganas. After proper verification the respondent No.3 will forward the same to the respondent No.8, the Treasury Officer, Diamond Harbour for disbursement of the interest on arrear of pensionary benefits under ROPA, 2019 in favour of the petitioner. The aforesaid exercise shall be completed within a period of six weeks from the date of communication of this order.
7.
Learned Advocate for the petitioner is directed to communicate this order to the respondent No.6, Head Teacher, Heliagachi F.P. School, Hotugunj, South 24Parganas, for necessary compliance. 8.
Objection, if any, raised by the concerned authority shall be communicated to the petitioner forthwith. 9.
With the above direction, the writ petition being WPA 2492 of 2025 stands disposed of.
10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
11. Interim order, if any, stands vacated.
12. All connected applications, if any, stand disposed of.
13. There shall be no order as to costs.
14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
(Bivas Pattanayak, J.)