Layek Naser Ali v. State Of West Bengal And ORS.

24.03.2026 Sl. No.22(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20762 of 2025 Layek Naser Ali

Versus

The State of West Bengal & Ors.

Mr. Arun Khutia ...for the Petitioner.

Md. Nauroz Rahler ...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 from the date of effect of ROPA, 2019 till the date of actual payment @ 18% per annum.

3.

The petitioner contends that he was an Assistant Teacher of Ekterpur Free Primary School, P.O. Oari, District-Purba Bardhaman. The petitioner retired from service on superannuation on 30th September, 2016. The first Pension Payment Order was issued on 16th August, 2016. The revised Pension Payment Order was issued under ROPA, 2019 on 26th August, 2021. The revised gratuity and arrear pension as per ROPA, 2019 was disbursed to the petitioner on 1st

September, 2021. However, no interest has been paid. Hence, this writ petition.

4.

Mr. Arun Khutia, learned Advocate for the petitioner submits that the petitioner is entitled to interest on revised gratuity and arrear pension from the date of effect of ROPA 2019 i.e. 14th February, 2020. He seeks for appropriate orders.

5.

Md. Nauroz Rahler, learned Advocate for the State leaves the matter to the discretion of the 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 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 pension from date of effect of ROPA 2019. 7.

Accordingly, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Burdwan-I, Purba Bardhaman are directed to disburse the interest @ 8% per annum on the revised gratuity and arrear pension from the date of effect of ROPA, 2019 i.e. 14th February, 2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from date of communication of this order.

8.

Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Burdwan-I, Purba Bardhaman, for necessary compliance.

9.

With the above direction, the writ petition being WPA 20762 of 2025 stands disposed of.

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

11. Interim order, if any, stands vacated.

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

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.)