Sabita Mandal v. The State Of West Bengal And ORS.

20.01.2026 Sl. No. 29 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17983/2025 SABITA MANDAL VS THE STATE OF WEST BENGAL AND ORS.

Mr. Arun Khutia ...for the Petitioner Ms. Neelam Singh ...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 respondents to disburse the interest towards delayed payment of gratuity and arrear pension amount at the rate of 18% per annum 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 26 Kudbapukur Primary School, P.O. Muktinagar, Dist. Murshidabad after rendering 33 years of satisfactory service. He retired as a Head Teacher on superannuation on 31st January, 2020 from the said school. The first pension payment order was issued on 22nd January, 2020. The revised pension payment order as per ROPA 2019 was issued on 13th December, 2021. The revised amount towards

the gratuity and arrear pension amount was disbursed to the petitioner on 22nd December, 2021. However, no interest was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition.

4.

Mr. Arun Khutia, learned advocate for the petitioner submits that the petitioner is entitled to revised gratuity and arrear pension under ROPA 2019 from 14th February, 2020. However, no interest has been paid on the revised gratuity and arrear pension. He seeks for appropriate orders.

5.

None appears on behalf of the State despite service. 6.

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

7.

Petitioner is directed to handover a copy of the writ petition alongwith all annexures to the learned advocate representing the State.

8.

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

9.

The revised gratuity and arrear pension has been given effect to from 14th February, 2020 under ROPA 2019. The revised pension payment order as per ROPA 2019 was issued on 13th December, 2021. The revised amount towards the gratuity and arrear pension amount was disbursed to the petitioner on 22nd December, 2021. In view of the above, the

petitioner is entitled to interest on revised payment of gratuity and arrear pension.

10.

Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Berhampore-I, P.O. & P.S. Berhampore, Dist. Murshidabad are directed to disburse the interest at the rate of interest @ 8% per annum on the revised gratuity and arrear of pension in favour of the petitioner by way of the pensionary benefits from the date of effect of ROPA 2019 i.e. 14th February, 2020 till the actual date of payment. Such payment is to be made within a period of eight weeks from the 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, Government of West Bengal and respondent no. 3, the Treasury Officer, Berhampore-I, P.O. & P.S. Berhampore, Dist. Murshidabad for necessary compliance.

12.

With the aforesaid directions, the writ petition being WPA 17983 of 2025 stands disposed of.

13.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 14.

Consequently, connected applications, if any, stand disposed of.

15.

Interim orders, if any, stand vacated.

16.

There shall be no order as to costs.

17.

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.)