Dwijendra Nath Roy v. The State Of West Bengal And ORS

17.06.2026 Sl. No.23 Ct. No.6 ss

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 889 of 2026 Dwijendra Nath Roy

Versus

The State of West Bengal & 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 present writ petition, petitioner seeks direction upon the respondent authorities for disbursement of interest on delayed payment of revised gratuity and arrear pension amount from the date of effect of ROPA, 2009 till the date of actual payment @ 18% per annum in favour of the petitioner.

3.

The petitioner contends that petitioner was an Employee of the Office Coochbehar Zilla Parishad, District Coochbehar.

The petitioner retired from service on superannuation on 31st December, 2006. The first pension payment order was issued on

27th February, 2008 and the revised pension payment order under ROPA, 2009 was issued on 6th February, 2012.

The revised gratuity and arrear pension amount was disbursed on 15th April, 2012. However, no interest on delayed payment of such amount was made to the petitioner. Hence, this writ petition.

4.

Ms. Taniya Bhowmik, learned Advocate appearing for the petitioner submits that the petitioner is entitled to interest on revised gratuity and arrear pension amount from the date of effect of ROPA, 2009, i.e. 19th May, 2009 till the date of actual payment.

5.

Mr. Arijit Ghosh, learned Advocate for the State leaves the matter to the discretion of the Court.

6.

Though there is delay in making such claim, however, delay per se cannot defeat valuable right petitioner. Relief may be granted to the writ petitioner in spite of the delay if it does not affect the right of third parties.

(See: Union of India vs. Tarsem Singh reported in (2008) 3 SCC 648).

7.

In terms of ROPA, 2009 the petitioner is entitled to receive the revised gratuity

and arrear pension amount from the date of effect of ROPA, 2009, i.e. 19th May, 2009. The revised gratuity and arrear pension is disbursed on 15th April, 2012. As such, the petitioner is entitled to interest on the aforesaid amount.

8.

Accordingly, respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as well as respondent no.3, Treasury Officer, Coochbehar-I is directed to disburse interest @ 8% per annum on the revised gratuity and arrear pension amount in favour of the petitioner from the date of effect of ROPA, 2009 i.e. 19th May, 2009 till the date of actual payment, within a period six weeks from date communication of this order.

9.

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

10. With the aforesaid direction, the writ petition being WPA 889 of 2026 stands disposed of.

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

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

(Bivas Pattanayak, J.)