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Calcutta High CourtWPA/18536/2025disposed

Churamani Hembram v. State Of West Bengal And ORS.

2026-02-09Hon'Ble Justice Bivas Pattanayak3 pages

09.02.2026 Sl. No.66 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18536 of 2025 Churamani Hembram

Versus

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ...for the Petitioner.

Ms. Mohuya Dutta Biswas ...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 respondent authorities for disbursement of interest on delayed payment of revised gratuity and arrear pension amount from the date of effect of ROPA, 2019 till the date of actual payment @ 18% per annum in favour of the petitioner.

3.

The petitioner contends that the petitioner's husband was an Assistant Teacher in Bakisol Primary School, P.O. Andhariabandisol, District Paschim Medinipur. The husband of the petitioner retired from service on superannuation on 31st March, 2017 and expired on 24th December, 2019. The first pension payment order was issued on 7th November, 2017 and the revised pension payment order was issued on 15th

December, 2024. The revised arrear pension amount was disbursed on 16th December, 2024. However, no interest on delayed payment of such amount was made to the petitioner. Hence, this writ petition. 4.

Mr. Krishna Pada Santra, learned Advocate appearing for the petitioner submits that the petitioner is entitled to interest on revised gratuity and arrear pension amount from the date of effect of ROPA, 2019, i.e. 14th February, 2020 till the date of actual payment.

5.

Despite service, none appears on behalf of the State. 6.

Ms. Mohuya Dutta Biswas, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised by the competent authority.

7.

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

8.

Ms. Dutta Biswas, learned Advocate for the State leaves the matter to the discretion of the Court. 9.

In terms of ROPA, 2019 the petitioner is entitled to receive the revised gratuity and arrear pension amount from the date of effect of ROPA, 2019, i.e. 14th February, 2020. The revised arrear pension is disbursed on 16th December, 2024. As such, the petitioner is entitled to interest on the aforesaid amount.

10. Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Midnapore is directed to disburse interest @ 8% per annum on the revised gratuity and arrear pension amount in favour of the petitioner from the date of effect of ROPA, 2019 i.e. 14th February, 2020 till the date of actual payment, 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 the respondent No.2 Director of Pension, Provident Fund and Group Insurance and the respondent no.3, Treasury Officer, Midnapore, for necessary compliance.

12. With the aforesaid direction, the writ petition being WPA 18536 of 2025 stands disposed of.

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

14. Interim order, if any, stands vacated.

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

16. There shall be no order as to costs.

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

(Bivas Pattanayak, J.)