Pranab Kumar Das v. The State Of West Bengal And ORS.

S/L 39 25.07.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 8879 of 2025 Pranab Kumar Das Vs.

The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ... for the Petitioner.

Mr. Amit Kumar Ghosh ... for the State.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner was an approved Head Clerk of a College and on attaining the age of superannuation, he had retired from his said service on August 31, 2017. The first pension payment order of the petitioner was issued on July 07, 2017.

Under the ROPA Rules, 2019, there was revision of the pension, gratuity and commutation of the pensioners/family pensioners vide Memorandum of the Government of West Bengal bearing No.

53/ES/P/P&B/10M-99 dated January 01, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on February 21, 2023 in terms thereof, the petitioner has received the arrear pension and gratuity on April 30, 2023.

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.

Learned advocate for the State does not oppose the prayer of the petitioner.

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. January 01, 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.

WPA 8879 of 2025 is disposed of without any order as to costs.

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

(Biswajit Basu, J.)