Bhim Chandra Das v. State Of West Bengal And ORS.

07.04.2026 Sl. No.45 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22205/2025 BHIM CHANDRA DAS VS STATE OF WEST BENGAL AND ORS.

Mr. Uttam Kumar De Ms. Nandita Baksi ...for the Petitioner.

Ms. Suman Biswas ...for the State.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

Statement of facts filed by the State respondents furnished by District Inspector of Schools (PE), Hooghly dated 6th April, 2026 is taken on record.

3. State is directed to furnish a copy of the statement of facts to learned Advocate for the petitioner. 4.

By the present writ petition the petitioner seeks direction upon the respondent authorities to disburse interest towards delayed payment of revised gratuity and arrear pension under ROPA 2019 from the next date of retirement till the date of actual payment along with interest @ 18% per annum.

5.

The petitioner contends that he was an Assistant Teacher of Lalpur Primary School, Village-Lalpur, Post Office - Brahmanpara, District - Hooghly and he retired from service on superannuation on 30th

November, 2019. The first Pension Payment Order was issued in favour of the petitioner on 20th November, 2019. The revised Pension Payment Order as per ROPA 2019 was issued on 21st March, 2022. The revised gratuity and arrear pension amount was disbursed in favour of the petitioner under ROPA 2019 on 22nd March, 2022. However, no interest has been paid on the delayed payment. Hence this writ petition.

6.

Ms. Nandita Baksi, 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.

7. Ms. Suman Biswas, learned Advocate for the State submits that factually there is no such delay on the part of the State machinery to disburse the revised gratuity and arrear pension amount.

8. It is found that the petitioner superannuated on 30th November, 2019. Soft copy and hard copy of the pension papers was forwarded on 10th December, 2020 and 28th January, 2021. Objection was raised by the appointing authority. Second time objection was raised on 2nd December, 2021 and finally the pension papers were forwarded to the Director of Pension, Provident Fund and Group Insurance on 9th February, 2022. The aforesaid chronology factually indicates that there is delay in disbursement.

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, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, 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.

11. 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.3, Treasury Officer, Chandernagore for necessary action.

12.

With the aforesaid directions, the writ petition being WPA 22205 of 2025 is 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.)