Nishi Kanta Pradhan v. The State Of West Bengal And ORS.

06.01.2026 Sl. No.29 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17764/2025 NISHI KANTA PRADHAN VS THE STATE OF WEST BENGAL AND ORS.

Ms. Sudipa Banerjee ...for the Petitioner.

Mr. Jagabandhu Roy Mr. Abhishek Chokraborty ...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 interest on delayed payment of gratuity and arrear pension under ROPA 2019 from the date the amount is due till the date of actual payment together with interest @ 18% per annum.

3.

The petitioner contends that he was an approved Head Teacher of Bhagwankhali Grade-2 Primary School, Post Office - Chaknan, District - Purba Medinipur and he retired from service on superannuation on 31st December, 2018. The first Pension Payment Order was issued in favour of the petitioner on 10th Decembr, 2018. The revised Pension Payment Order as per ROPA 2019 was issued on 22nd June, 2021. The remaining gratuity amount

and arrear pension was disbursed in favour of the petitioner under ROPA 2019 on 6th July, 2021. However, no interest has been paid on the delayed payment. Hence this writ petition.

4.

Ms. Sudipa Banerjee, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of revised gratuity and arrear pension from the date of effect of ROPA 2019 till the date of actual payment.

5.

Mr. Jagabandhu Roy, learned advocate for the State leaves the matter to the discretion of the Court. 6.

It is found from the records as well as the contention in the writ petition that employee retired on 31st December, 2018 and the remaining gratuity amount and arrear pension under ROPA 2019 has been disbursed on 6th July, 2021. It is bounden duty of the State to disburse the retiral benefits to the employee at the earliest, failing which the employee is entitled to receive interest on delayed payment of gratuity and arrear pension.

7.

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

8.

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

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, Tamluk for necessary action.

10.

With the aforesaid directions, the writ petition being WPA 17764 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.)