Bina Begum And ANR. v. State Of West Bengal And ORS.
09.12.2025 Sl. No. 09 (DL) Ct. No.14 AN
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20518 of 2025 Bina Begum & anr.
Versus
The State of West Bengal & Ors.
Ms. Debjani Sahu ...for the Petitioner.
Mr. Nirmalya Roy ...for the State.
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
By the present writ petition, the petitioners seek for disbursement of interest on delayed payment of revised gratuity and revised arrear family pension as per Pension Payment Order dated 27th July, 2021 from the date of effect of ROPA 2019 i.e. 14th February, 2020 till the date of actual payment of revised gratuity and revised arrear family pension. 3.
The petitioners contend that the deceased employee being the husband of petitioner no. 1 and the father of petitioner no. 2 was an Assistant Teacher in 05, Panchgram High Primary School, P.O. Panchgram, Dist. Murshidabad. The deceased employee died-inharness on 22nd July, 2017. The petitioners duly filled up the pension booklet and submitted the same before the appropriate authority.
The pension
payment order was issued on 25th September, 2018. The revised pension payment order was issued on 27th July, 2021. The arrear of revised gratuity amount and the revised arrear family pension as per the Pension Payment Order were disbursed to the petitioners on 26th August, 2021. However, no interest on delayed payment of the arrear of revised gratuity amount and revised arrear family pension amount has been paid. Hence this writ petition. 4.
Ms.
Debjani Sahu, learned Advocate for the petitioners submits that the authority concerned ought to have granted the interest on the delayed payment of revised gratuity and revised arrear of family pension. She seeks for appropriate direction. 5.
None appears on behalf of the State.
6.
Mr. Nirmalya Roy, learned advocate who usually represents the State is requested to appear in this matter on behalf of the State. Let his appointment be regularised by the Office of the learned Government Pleader. Petitioner is directed to handover a copy of the writ petition alongwith all annexures to the learned advocate representing the State.
7.
Mr. Nirmalya Roy, learned advocate representing the State leaves the matter to the discretion of the Court. 8.
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.
9.
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.
10. In view of the above, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Lalbagh, P.O. & P.S. Lalbagh, 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 family pension. The payment, as aforesaid, shall be made within a period of eight weeks from the date of communication of this order.
11. Learned advocate for the petitioners 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, P.O. & P.S. Lalbagh, Dist. Murshidabad, for necessary compliance.
12. With the above direction, the writ petition being WPA 20518 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.
18. 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.)