Mominul Hoque v. State Of West Bengal And ORS.

06.05.2026 In the High Court at Calcutta Item no.DL475 Court No. 24 Asraf, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 7899 of 2026 In the matter of :

MOMINUL HOQUE ... Petitioner VS.

THE STATE OF WEST BENGAL & ORS.

... Respondents For the Petitioner :

Mr. Krishna Pada Santra ... Advocate For the Respondent / State :

Mr. Bipin Ghosh ... Advocate 1.

Let affidavit-of-service, as filed in Court, be kept on record.

2.

The petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on February 28, 2017.

3.

The first pension payment order of the petitioner was issued on March 8, 2017.

4.

Under the Revision of Pay and Allowances Rules, 2019 (hereinafter referred to as "ROPA, 2019"), there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing no. 53/ES/P/P&B/10M-99/2019 dated

February 14, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on August 17, 2021, in terms thereof, the petitioner received the arrear pension and gratuity on August 18, 2021.

5.

The petitioner in the instant writ petition is claiming that he is entitled to interest for the delayed payment of the said gratuity and arrear pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer, the respondents herein, to pay such interest.

6.

Mr. Ghosh, learned Advocate appearing for the State-respondents does not oppose the prayer of the petitioner.

7.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

8.

The aforementioned respondents are, therefore, directed to pay interest on the revised gratuity and arrear pension at the rate of 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and arrear pension in terms of the said revised pension payment order.

9.

The payment, as aforestated, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.

10. With the aforestated directions, the instant writ petition stands disposed of.

11. There shall be no order as to costs.

12. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Reetobroto Kumar Mitra, J. )