Malati Roy v. The State Of West Bengal And ORS
16.02.2026 Sl. No.86 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19602 of 2025 Malati Roy
Versus
The State of West Bengal & Ors.
Mr. Banshi Badan Maity ...for the Petitioner.
Ms. Bineeta Bhattacharjee ...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 husband of the petitioner was a Head Teacher in Ghatdurlahbpur Primary School, P.O.
Ghatdurlabpur, District Birbhum. The petitioner died-in-harness on 12th December, 2017. The first pension payment order was issued on 7th June, 2019 and the revised pension payment order under ROPA, 2019 was issued on 24th May, 2021. The revised gratuity and arrear pension
amount was disbursed on 22nd June, 2021. However, no interest on delayed payment of such amount was made to the petitioner. Hence, this writ petition. 4.
Mr. Banshi Badan Maity, 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. Bineeta Bhattacharya, 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. Bhattacharjee, learned advocate for the State. 8.
Ms. Bhattacharjee, 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 gratuity and arrear pension is disbursed on 22nd June, 2021. 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, Birbhum-II 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, Birbhum-II, for necessary compliance.
12. With the aforesaid direction, the writ petition being WPA 19602 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.)