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Calcutta High CourtWPA/20487/2025disposed

Swapan Kumar Majumdar v. State Of West Bengal And ORS.

2026-02-23Hon'Ble Justice Bivas Pattanayak3 pages

23.02.2026 Sl. No.65 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20487 of 2025 Swapan Kumar Majumdar

Versus

The State of West Bengal & Ors.

Mrs. Debjani Sahu ...for the Petitioner.

Ms. Nafisa Begum ...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 2019 with effect from 14th February, 2020 till the date of actual payment.

3.

The petitioner contends that he joined as an Assistant Teacher of 48 Tentulia Primary School, P.O. Tengulia, District Murshidabad, who retired from service on superannuation on 31st July, 2017 as a Head Teacher of the said school. The first pension payment order was issued on 6th July, 2017. The revised pension payment order under ROPA 2019 was issued on 10th March, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 15th March, 2022. However, no interest was paid on

the delayed payment of revised gratuity and arrear pension. Hence this writ petition.

4.

Mrs.

Debjani Sahu, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020 till the date of actual payment. She seeks for appropriate orders.

5.

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

Ms. Nafisa Begum, 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. Begum, learned advocate for the State.

8.

Ms. Begum, learned Advocate for the State leaves the matter to the discretion of the Court.

9.

From the contentions made in the writ petition, it is found that the petitioner is entitled to revised gratuity and arrear pension under ROPA 2019 with effect from 14th February, 2020. 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 2019.

10. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance,

Government of West Bengal and respondent no. 3, the Treasury Officer, Lalbagh, 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 2019 with effect from 14th February, 2020 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.

11. 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, Lalbagh, for necessary compliance.

12. With the aforesaid directions, the writ petition being WPA 20487 of 2025 is disposed of.

13. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

14. Consequently, connected applications, if any, stand disposed of.

15. Interim orders, if any, stand vacated.

16. There shall be no order as to costs.

17. 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.)