Azizul Islam v. State Of West Bengal And ORS.

02.02.2026 Sl. No. 30 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18173/2025 AZIZUL ISLAM VS THE STATE OF WEST BENGAL AND ORS.

Mr. Krishna Pada Santra Ms. Ria Bhunya ...for the Petitioner Mr. Bhakti Prasad Das ...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 for disbursement of interest towards delayed payment of gratuity and arrear pension amount at the rate of 18% per annum under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment.

3.

The petitioner contends that he was an Assistant Teacher of South Kankuria F. P. School, Post Office Kalisady, Police Station Haroa, District North 24 Parganas. After rendering 25 years of satisfactory service, he retired from service on superannuation on 31st October, 2018. The first pension payment order was issued on 10th October, 2018. The revised pension payment order under ROPA 2019 was issued

on 4th April, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 15th August, 2021. However, no interest was paid on delayed payment of revised gratuity and arrear pension. Hence this writ petition.

4.

Mr. Krishna Pada Santra, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020. He seeks for appropriate orders.

5.

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

Mr. Bhakti Prasad Das, learned advocate who usually represents the State is requested to appear in this matter on behalf of the State. Let his 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.

Mr. Das, 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 first pension payment order was issued on 10th October, 2018. The revised pension payment order under ROPA 2019 was issued on 4th April, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 15th August, 2021. In view of the above, the petitioner is entitled to receive interest on revised gratuity and

arrear pension under ROPA 2019 with effect from 14th February, 2020.

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, Basirhat, are directed to disburse the interest at the rate of @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner by way of pensionary benefits under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

11.

Learned advocate appearing 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, Basirhat, for necessary compliance.

12.

With the aforesaid directions, the writ petition being WPA 18173 of 2025 is 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.)