Lokabardhan Sasmal v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 21 16.12.2025 Sc Ct. no.14 WPA 19371 OF 2025 -------------- Lokabardhan Sasmal Vs.
The State of West Bengal & Ors.
Mr. Debasis Dey Ms. Sanchayita De.
.... For the Petitioner Mr. Soumik Dey .... For the Respondents State 1.
Affidavit-of-service, filed in Court today, is taken on record.
2.
By the present writ petition the petitioner seeks direction upon the respondent authorities for interest on delayed payment of Gratuity and arrear pension as per ROPA, 2019 together with interest from the date of effect of ROPA, 2019 till the actual payment of the gratuity and arrear pension.
3.
The petitioner contends that he retired from service on superannuation on 31st January, 2019 as a Primary Head Teacher of Dangra Primary School under Rohini Circle, District - Paschim Medinipur. The Pension Payment Order was issued on 2nd May, 2019 and the Revised Pension Payment Order was issued on 11th January, 2021. The gratuity and arrear pension was released on 15th April, 2021. However, no interest has
been paid on such delayed payment, hence this writ petition.
4.
Learned Advocate for the petitioner seeks direction for release of interest amount on delayed payment of Gratuity and arrear pension as per ROPA, 2019. 5.
Despite service, none appears on behalf of the State.
6.
Mr. Soumik Dey, learned Advocate who usually appears for the State is requested to appear in the matter. Let appointment of Mr. Dey, learned Advocate be regularized by the concerned authority.
7.
Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexures upon Mr. Dey, learned Advocate for the State. 8.
Learned Advocate for the State leaves the matter to the discretion of the Court.
9.
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.
10. It is found from the contention in the writ petition that the revised pension order is issued on 11th January, 2021 and gratuity and arrear pension as per ROPA, 2019 were released on 15th April, 2021. Hence, there is a delay in disbursement of the same. It is the bounden duty of the State to disburse the pension and retiral
benefits of the employee forthwith failing which, the employee is entitled to interest on the delayed payment of the same.
11. According the respondent no.2, Director of Pension Provident Fund and Group Insurance and the respondent no.4, Treasury Officer, Jhargram are directed to disburse interest on the Gratuity and Arrear Pension @8% per annum in favour of the petitioner from the date of effect of ROPA, 2019 i.e., 14th February, 2020 till the actual payment of the arrear amount.
12. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Director of Pension Provident Fund and Group Insurance and respondent no.4, Treasury Officer, Jhargram, for necessary compliance.
13. With the above direction, the writ petition, WPA 19371 of 2025 stands disposed of.
14. There will be no order as to costs.
15. Since no affidavit has been called for, the allegations made in this writ petition are deemed to be not admitted.
16. The parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.)