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

27.01.2026 Sl. No.27 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17985/2025 REZIA BEGUM VS THE STATE OF WEST BENGAL AND ORS.

Ms. Debjani Sahu ...for the Petitioner.

Mr. Ashok Kr. Sarkar ...for the State.

1.

Affidavit of service filed by the petitioner is taken on record.

2.

Statement of facts dated 26th August, 2025 submitted by the District Inspector of Schools (P.E.), Murshidabad is also taken on record.

3.

By the present writ petition the petitioner seeks direction upon the respondent authorities for disbursement of the interest on delayed payment of revised gratuity and arrear family pension at the rate of 18% per annum from the date of effect of ROPA2019 till the date of actual payment. 4.

The petitioner contends that her husband was an Assistant Teacher in 31 Rameswarpur Junior Basic School, P.O.- Rameswarpur, District-Murshidabad. The husband of the petitioner died-in-harness on 22nd February, 2019 after completion of 23 years of qualifying service as a Head Teacher. The first

Pension Payment Order was issued on 28th August, 2019. The revised Pension Payment Order under ROPA-2019 was issued on 31st August, 2021. However, no interest was paid on the aforesaid amount from the date of effect of ROPA-2019. Hence this writ petition.

5.

Ms. Debjani Sahu, learned advocate appearing for the petitioner submits that the petitioner is entitled to interest on the revised amount of gratuity and arrear from the date of effect of ROPA-2019. Accordingly, the petitioner is entitled to interest on the said amount.

6.

Mr. Ashok Kumar Sarkar, learned advocate appearing for the State submits that there is no delay on the part of the respondent authorities. The petitioner has submitted the pension papers for family pension belatedly to the Sub-Inspector of Schools on 30th April, 2019 i.e. almost 40 days after demise of her husband. Hence, the petitioner is not entitled to any interest on delayed payment.

7.

The revised gratuity and arrear family pension has been disbursed under ROPA-2019 on 31st August, 2021. It cannot be disputed that under ROPA-2019 the petitioner is entitled to the aforesaid amount from the date of effect of ROPA-2019 i.e. 14th February, 2020. Accordingly, the petitioner is entitled to interest on the arrear amount from such date.

8.

Under such circumstances, respondent No.2, The Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I are directed to disburse interest @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner from the date of effect of ROPA-2019 i.e. 14th February, 2020 till the date of actual payment. Such payment shall 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 respondent No.2, The Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Berhampore-I for necessary action.

10. With the aforesaid directions, the writ petition being WPA 17985 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.)