Amal Kumar Sarkar v. The State Of West Bengal And ORS.

25.07.2025 (D/L-16) Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 8411 of 2025 Amal Kumar Sarkar -Vs- The State of West Bengal & Ors.

Ms. Arpita Saha, Mr. Krishna Pada Santra, .... for the Petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

In spite of service, none appears on behalf of the State-respondents.

The petitioner was an approved Librarian of a library under the Department of Mass Education Extension & Library Services, on attaining the age of superannuation, he had retired from his said service on January 31, 2018.

The first pension payment order of the petitioner was issued on June 01, 2018.

Under the ROPA Rules, 2019, there was revision of the pension, gratuity and commutation of the pensioners/family pensioners vide Memorandum of the Department of Mass Education Extension & Library Services, Government of West Bengal bearing No. 471/MEE/Sectt/Estt/EM/O/Estt/I'O'-15/2020 dated September 16, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on September 08, 2021 in terms thereof, the petitioner has received the arrear pension and gratuity on September 15, 2021.

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

The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and revised arrear pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. September 16, 2020 till the date of payment of revised gratuity and revised arrear pension in terms of the said revised Pension payment order.

The payment, as aforesaid, 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.

W.P.A. 8411 of 2025 stands disposed of with the above terms. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)