Minati Roy v. The State Of West Bengal And ORS

15.06.2026 Sl. No.27 Ct. No.6 gd

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/858/2026 MINATI ROY VS THE STATE OF WEST BENGAL AND ORS.

Ms. Taniya Bhowmik ..for the Petitioner.

Mr. Arijit Ghosh Ms. Radhika Agarwal ..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 arrear family pension from the date following the date of death of the deceased employee till the date of actual payment @ 18% per annum.

3. The petitioner contends that her husband was an Approved Head Teacher of Holongerkuthi Junior Basic school, DistrictCoochbehar. The petitioner's husband retired from service on superannuation on 31st May, 2017. The pension payment order was issued in favour of the petitioner's husband on 19th May, 2017. The petitioner's

husband died on 11th February, 2019. The revised pension payment order under ROPA2019 was issued on 30th December, 2024 respectively. The revised gratuity amount and arrear pension was paid on 15th January, 2025. However, no interest was paid on the said amount. Hence, this writ petition.

4. Ms. Taniya Bhowmik, learned advocate for the petitioner submits that petitioner is entitled to interest on arrear family pension from the date following the date of death of her husband till the date of actual payment.

5. Mr. Arijit Ghosh, learned advocate for the State submits that there is no such delay in grant of family pension in favour of the petitioner and the subsequent arrears and as such the petitioner is not entitled to interest on the arrear of family pension as per the report.

6. From the contentions made in the writ petition, it is found that the petitioner's husband was 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, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Coochbehar-II, are directed to disburse the interest at the rate of interest @ 8% per annum on the revised gratuity and arrear pension in favour of the petitioner by way of pensionary benefits under ROPA, 2019 with effect from 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. 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, Coochbehar-II, for necessary compliance.

9. With the aforesaid directions, the writ petition being WPA 858 of 2026 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.)