Nazimuddin Ahmed v. The State Of West Bengal And ORS.

07.01.2026 Sl. No.10 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17774/2025 NAZIMUDDIN AHMED VS THE STATE OF WEST BENGAL AND ORS.

Ms. Arpita Saha ...for the Petitioner.

Mr. Biplab Majumder ...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 gratuity and other pensionary benefits from the date of effect of ROPA 2019 till the date of actual payment @ 18% per annum.

3.

The petitioner contends that he was appointed as an Assistant Teacher in High Madrasah School and he retired from service on superannuation on 31st January, 2017 after rendering service of 29 years. The first Pension Payment Order was issued in favour of the petitioner on 7th February, 2017. After a lapse of long period, the revised Pension Payment Order under ROPA 2019 was issued on 15th January, 2021. The revised gratuity amount was paid in favour of the

petitioner on 18th January, 2021. However, no interest has been paid on the delayed payment of gratuity. Hence this writ petition.

4.

Ms. Arpita Saha, learned advocate for the petitioner submits that the petitioner is entitled to interest on delayed payment of gratuity amount.

5.

Mr. Biplab Majumder, learned advocate for the State leaves the matter to the discretion of the Court. 6.

It is found from the contention of the writ petition that the gratuity amount has been paid on 18th January, 2021 as per ROPA 2019 belatedly. As such, the petitioner is entitled to interest on delayed payment of gratuity.

7.

Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Malda-I are directed to pay the interest @ 8% per annum on the gratuity amount in favour of the petitioner from the date of effect of ROPA 2019 i.e. 14th February, 2020 till the date of actual payment of the gratuity amount.

8.

Such payment is to be made within a period of eight weeks from the date of communication of this order. 9.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and

respondent no.3, Treasury Officer, Malda-I for necessary action.

10.

With the aforesaid directions, the writ petition being WPA 17774 of 2025 is disposed of.

11.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of. 14.

There shall be no order as to costs.

15.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16.

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.)