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Calcutta High CourtWPA/18172/2025disposed

Sunil Karmakar v. State Of West Bengal And ORS.

2026-02-02Hon'Ble Justice Bivas Pattanayak3 pages

02.02.2026 Sl. No. 29 Ct. No. 14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18172/2025 SUNIL KARMAKAR VS THE STATE OF WEST BENGAL AND ORS.

Mr. Krishna Pada Santra Ms. Ria Bhunya ...for the Petitioner Ms. Sharmila Deb ...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 respondents for disbursement of interest towards on 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 Uttar Sabdalpur Primary School, Village Uttar Sabdalpur, Post Office Sabdalpur, Police Station Baishnabnagar, District Malda. After rendering 18 years of satisfactory service, he retired as the Head Teacher of the said school on 31st January, 2019. The first pension payment order was issued on 8th April,

2019. 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 1st May, 2022. However, no interest was paid on the 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.

Ms. Sharmila Deb, learned advocate for the State leaves the matter to the discretion of the Court. 6.

From the contentions made in the writ petition, it is found that the first pension payment order was issued on 8th April, 2019. 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 1st May, 2022. In view of the above, the petitioner is entitled to receive interest on revised gratuity and arrear family pension under ROPA 2019 with effect from 14th February, 2020.

7.

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

8.

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, Malda-I, for necessary compliance.

9.

With the aforesaid directions, the writ petition being WPA 18172 of 2025 is disposed of.

10.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11.

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

12.

Interim orders, if any, stand vacated.

13.

There shall be no order as to costs.

14.

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.)