Manab Kumar Dutta v. State Of West Bengal And ORS.
24.03.2026 Sl. No.36 Ct. No.14 gd
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/21001/2025 MANAB KUMAR DUTTA VS STATE OF WEST BENGAL AND ORS.
Mr. Banshi Badan Maity ...for the Petitioner.
Mr. Sunil Kumar 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 direction upon the respondent authorities to disburse interest on delayed payment of gratuity and arrear pension under ROPA 2019 from the date the amount is due till the date of actual payment together with interest @ 18% per annum.
3.
The petitioner contends that he was an approved Head Teacher of Champakdanga Talbona Primary School, Post Office - Talbona, District - Hooghly and he retired from service on superannuation on 31st January, 2020. The first Pension Payment Order was issued in favour of the petitioner on 20th July, 2020. The revised Pension Payment Order as per ROPA 2019 was issued on 7th July, 2022. The revised gratuity and arrear pension amount was disbursed in
favour of the petitioner under ROPA 2019 on 4th August, 2022. However, no interest has been paid on the delayed payment. Hence this writ petition. 4.
Mr. Banshi Badan Maity, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of revised gratuity and arrear pension from the date of effect of ROPA 2019 till the date of actual payment.
5. Mr. Sunil Kumar Gupta, 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 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.
7.
Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.4, Treasury Officer, Chandernagore are directed to pay the interest at the rate of interest @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner on and 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 the date of communication of this order.
8.
Petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.4, Treasury Officer, Chandernagore for necessary action.
9.
With the aforesaid directions, the writ petition being WPA 21001 of 2025 is 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.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
15.
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.)