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Calcutta High CourtWPA/18857/2025disposed

Gour Chandra Mondal v. The State Of West Bengal And ORS.

2025-12-09Hon'Ble Justice Bivas Pattanayak4 pages

09.12.2025 Sl. No. 04 (DL) Ct. No.14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18857 of 2025 Gour Chandra Mondal

Versus

The State of West Bengal & Ors.

Mr. Arun Khutia ...for the Petitioner.

Mr. Alok Banerjee ...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 for disbursement of interest on delayed payment of revised gratuity and revised arrear family pension as per Pension Payment Order dated 3rd November, 2021 from the date of effect of ROPA 2019 till the date of actual payment.

3.

The petitioner contends that he was appointed as an Assistant Teacher of the 08, Bramanigram J B School, P.O. Sagardighi, Dist. Murshidabad. The petitioner on superannuation retired from service as a Head Teacher on 30th June, 2019. The petitioner duly filled up his pension booklet and submitted the same before the appropriate authority. After a lapse of long time, the revised pension payment order of the petitioner under ROPA 2019 was issued on 3rd

November, 2021 and the revised gratuity and revised arrear pension was paid to the petitioner on 8th November, 2021. However, no interest on delayed payment has been made. Hence this writ petition. 4.

Mr. Arun Khutia, learned Advocate for the petitioner submits that the authority concerned ought to have granted the interest on the delayed payment of revised gratuity and revised arrear of family pension. He seeks for appropriate direction.

5.

Mr. Alok Banerjee, learned advocate representing the State leaves the matter to the discretion of the Court. 6.

The revision of pension and gratuity under ROPA 2019 has been made in terms of the Memorandum of the Government of West Bengal bearing No.

53/ES/P/P&B/10M-99/2019 dated 14th February, 2020.

7.

In view of the contentions made in the writ petition and from the documents annexed, it is found that there is delay in making payment of the revised gratuity and arrear pension. The interest has not been paid on delayed payment of the revised gratuity and revised arrear of family pension. It is the bounden duty of the State of release the pension and retiral benefits forthwith, failing which the employee is entitled to interest on the delayed payment. 8.

In view of the above, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance and respondent no. 3, the Treasury Officer, Jangipur, P.O.

& P.S.

Raghunathganj, Dist.

Murshidabad are directed to disburse the interest on the revised gratuity and revised arrear family pension at the rate of 8% per annum from the date of notification of the Government Order dated 14th February, 2020 till the date of actual payment of revised gratuity and revised arrear of pension. The payment, as aforesaid, 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, Jangipur, P.O.

& P.S.

Raghunathganj, Dist.

Murshidabad, for necessary compliance.

10. With the above direction, the writ petition being WPA 18857 of 2025 stands 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.)