Tapan Kumar Mukhopadhyaya v. The State Of West Bengal And ORS.
06.01.2026 Sl. No.41(DL) Ct. No.14 srm
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17810 of 2025 Tapan Kumar Mukhopadhyaya
Versus
The State of West Bengal & Ors.
Ms. Jonaki Saha ...for the Petitioner.
Mr. Debabrata Mondal ...for the State.
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
By the present writ petition, the petitioner seeks direction upon the respondent authorities to disburse the interest on delayed payment of revised gratuity as well as arrear pension under ROPA, 2019 from the date such amount is due and payable till the date of actual payment @ 18% per annum.
3.
The petitioner contends that he was an approved Lecturer of Sikshacharcha Government Sponsored Primary Teachers Training Institution, DistrictBirbhum and retired from service on superannuation on 30th April, 2018. First Pension Payment Order was issued as per ROPA, 2009 on 10th May, 2018 and revised Pension Payment Order was issued as per ROPA, 2019 on 9th Novemeber, 2021. The petitioner has received revised gratuity and arrear pension as
per ROPA, 2019 on 4th January, 2022. The petitioner claims interest on delayed payment of revised gratuity and arrear pension. Hence, this writ petition. 4.
Ms. Jonaki Saha, learned Advocate for the petitioner submits that the petitioner is entitled to get interest on delayed payment of revised gratuity and arrear pension from the date of effect of ROPA, 2019 i.e. 14th February, 2020.
5.
Despite service, none appears on behalf of the State. 6.
Mr. Debabrata Mondal, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Mr.
Mondal be regularised by the concerned authority.
7.
Let a copy of the writ petition along with its annexure be served upon Mr. Mondal, learned Advocate for the State respondents.
8.
Mr. Debabrata Mondal, learned Advocate for the State leaves the matter to the discretion of the Court. 9.
From the contention made in the writ petition, it is found that the petitioner received the revised gratuity and arrear pension after three years of his retirement. It is the bounden duty of the State to pay pension and retiral dues to the employee forthwith, failing which the employee is entitled to get interest on such delayed payment.
10. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and
respondent No.3, the Treasury Officer, Birbhum are directed to disburse the interest @ 8% per annum on the revised gratuity and arrear pension from the date of effect of ROPA, 2019 i.e. 14th February, 2020 till the date of actual payment in favour of the petitioner within a period of eight weeks from date of communication of this order.
11. Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Birbhum, for necessary compliance.
12. With the above direction, the writ petition being WPA 17810 of 2025 stands disposed of.
13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
14. Interim order, if any, stands vacated.
15. All connected applications, if any, stand disposed of.
16. There shall be no order as to costs.
17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
18. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
(Bivas Pattanayak, J.)