Shuvra Roy Khamaru v. State Of West Bengal And ORS.

09.12.2025 Sl. No.10 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20521 of 2025 Shuvra Roy Khamaru

Versus

The State of West Bengal & Ors.

Ms. Debjani Sahoo Mr. Arun Khutia ...for the Petitioner.

Mr. Nikhil Kr. Gupta ...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 for interest on delayed payment of revised gratuity amount and arrear family pension amount as per Pension Payment Order dated 14th September, 2021 from the date of effect of ROPA, 2019 till the date of actual payment of arrear amount.

3. The petitioner contends that her husband was an Assistant Teacher of 32, Bholadanga Adibasi Primary School, P.O. Palsanda More, District Murshidabad. The petitioner's husband died-in-harness on 26th December, 2016 while discharging his function as Head Teacher of the said school. The pension payment order was issued on 29th November, 2017 and the revised pension payment order was issued on 14th September, 2021. The gratuity amount and arrear family pension was disbursed on 2nd

January, 2018 and the revised gratuity and arrear family pension was received on 15th September, 2021. However, no interest was paid on the delayed payment. Hence, this writ petition.

4. Ms. Debjani Sahoo, learned Advocate appearing on behalf of the petitioner seeks for specific direction upon respondent nos.2 and 3, the Director of Pension, Provident fund and Group Insurance, Government of West Bengal and the Treasury Officer, Berhampore-I, respectively, for disbursement of the interest on the arrear of gratuity and arrear of family pension amount from the date of ROPA, 2019 was given effect to till the actual payment of arrear amount.

5. Learned Advocate for the State leave the matter to the discretion of this Court.

6. Under ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No.53/ES/P/P&B/10M-99/2019 dated 14th February, 2020.

7. The materials show that there is delay in payment of the gratuity and arrear family pension. It is the bounden duty of the State to disburse pension and retiral benefits forthwith, failing which the petitioner is entitled to interest on the said amount.

8. In view of the above, the respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, the

Treasury Officer, Berhampore-I are directed to pay interest on the revised gratuity and arrear family pension @ 8% per annum from the date of notification of the aforesaid Government Order, i.e. February 14, 2020 till the date of actual payment of the revised gratuity and arrear family pension in terms of the said revised Pension Payment Order.

9. The payment as aforesaid shall be made within a period of eight weeks from the date of communication of this order.

10. Petitioner is directed to communicate this order to respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, the Treasury Officer, Berhampore-I, for necessary compliance.

11. With the above direction, the writ petition being WPA 20521 of 2025 stands disposed of.

12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

13. Interim order, if any, stands vacated.

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

15. There shall be no order as to costs.

16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

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.)