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Calcutta High CourtWPA/17971/2025disposed

Rizia Begum v. The State Of West Bengal And ORS.

2026-01-19Hon'Ble Justice Bivas Pattanayak4 pages

19.01.2026 Sl. No.35 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17971/2025 RIZIA BEGUM VS THE STATE OF WEST BENGAL AND ORS.

Ms. Debjani Sahu Mr. Arun Khutia ...for the Petitioner.

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 revised gratuity and arrear pension as per memo dated 23rd July, 2021 from the date of effect of ROPA 2019 till the date of actual payment.

3.

The petitioner contends that she was appointed as an Assistant Teacher in 35 No Bhabta Hasina Girls Primary School, P.O.-Bhabta, District-Murshidabad. After rendering service of 33 years the petitioner retired as Head Teacher of the said school on 31st January, 2020. The petitioner submitted a duly filled up pension booklet. The first Pension Payment Order was issued in favour of the petitioner on 13th March, 2020. The subsequent revised Pension Payment Order as per ROPA 2019 was issued on 23rd July, 2021. The

revised gratuity amount and arrear pension was paid to the petitioner on 27th July, 2021. The petitioner is entitled to revised gratuity and arrear pension from the date of effect of ROPA 2019 i.e. 14th February, 2020. However, no interest has been paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition.

4.

Ms. Debjani Sahu, learned advocate for the petitioner submits that the petitioner is entitled to the revised gratuity and arrear pension from 14th February, 2020 as per ROPA 2019 which has been disbursed only on 27th July, 2021. She seeks for appropriate direction for payment of interest on delayed payment of revised gratuity and arrear pension.

5.

None appears on behalf of the State.

6.

Ms. Neelam Singh, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised by the concerned authority.

7.

The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms. Neelam Singh, learned advocate for the State.

8.

Ms. Singh, learned advocate for the State leaves the matter to the discretion of the Court.

9.

From the contentions made in the writ petition it is found that the revised Pension Payment Order as per ROPA 2019 was issued on 23rd July, 2021 and revised gratuity amount and arrear pension was paid to the

petitioner on 27th July, 2021. As per Notification No.53/ES/T/T and B/10M-99/2019 the pensionary benefits is to be given effect from the date of notification i.e. 14th February, 2020 under ROPA 2019. Thus, the petitioner is entitled to interest on delayed payment of revised gratuity and arrear pension.

10.

Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Berhampore-I 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. 11.

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

12. 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, Berhampore-I for necessary action.

13.

With the aforesaid directions, the writ petition being WPA 17971 of 2025 is disposed of.

14.

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

15.

Interim order, if any, stands vacated.

16.

All connected applications, if any, stand disposed of. 17.

There shall be no order as to costs.

18.

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

19.

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.)