Sudhir Kumar Das v. State Of West Bengal And ORS.

16.02.2026 Sl. No. 111 Ct. No. 14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/19928/2025 SUDHIR KUMAR DAS VS STATE OF WEST BENGAL AND ORS.

Ms. Arpita Saha ...for the Petitioner Ms. Debdooti Dutta ...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 respondents for disbursement of interest on delayed payment of gratuity and arrear pension amount at the rate of 18% per annum under ROPA 2009 from the date following the date of retirement till the date of actual payment.

3.

The petitioner contends that he was an Assistant Teacher of South Gopalpur F.P. School, Post Office - Gopalpur, District - North 24-Parganas. The petitioner retired from service on superannuation on 31st December, 2009. The first pension payment order was issued on 23rd December, 2009. The revised pension payment order under ROPA 2009 was issued on 3rd September, 2012. The revised gratuity and

arrear pension amount was disbursed to the petitioner on 6th November, 2012. However, no interest was paid on the delayed payment of revised gratuity and arrear pension. Hence this writ petition. 4.

Ms. Arpita Saha, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2009 from the date following the date of retirement till the date of actual payment. She seeks for appropriate orders.

5. Ms. Debdooti Dutta, learned Advocate for the State leaves the matter to the discretion of this Court. 6.

From the contentions made in the writ petition, it is found that the petitioner is entitled to revised gratuity and arrear pension under ROPA 2009 from the date following the date of retirement till the date of actual payment. The revised gratuity and arrear pension amount was disbursed to the petitioner belatedly. In view of the above, the petitioner is entitled to receive interest on revised gratuity and arrear from date of effect of ROPA 2009.

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, Basirhat, 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

2009 from the date following the date of retirement 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, Basirhat, for necessary compliance.

9.

With the aforesaid directions, the writ petition being WPA 19928 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.)