Calcutta High Court (Appellete Side)
Sumitra Chaudhuri vs The State Of West Bengal And Ors on 27 January, 2026
27.01.2026
Sl. No. 15
Ct. No. 14
AN
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA/21539/2025
SUMITRA CHAUDHURI
VS
THE STATE OF WEST BENGAL AND ORS.
Mr. Arun Khutia
...for the Petitioner
Mr. S. Alam
...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 respondents to disburse the
interest towards the delayed payment of gratuity and arrear pension amount at the rate of 18% per annum from the date of effect of ROPA 2019 till the date of actual payment.
3. The petitioner contends that her husband was appointed as an Assistant Teacher Jamtara Free Primary School, Vill. Jamtara, P.O. Amarar Garh, Dist. Purba Bardhaman. After rendering 16 years of satisfactory service, the husband of the petitioner died-in-harness on 1st May, 2016. The first pension payment order was issued on 26 th August, 2016. The revised pension payment order as per ROPA 2019 was 2 issued on 14th July, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 19th July, 2022. However, no interest was paid on the delayed payment of gratuity and arrear pension. Hence this writ petition.
4. Mr. Arun Khutia, learned advocate for the petitioner submits that the petitioner is entitled to the interest on revised gratuity and arrear pension under ROPA 2019 from 14th February, 2020. He seeks for appropriate orders.
5. Mr. S. Alam, learned advocate for the State leaves the matter to the discretion of the Court.
6. The revised gratuity and arrear pension has been given effect to from 14th February, 2020 under ROPA 2019. The revised pension payment order as per ROPA 2019 was issued on 14th July, 2022. The revised gratuity and arrear pension amount was disbursed to the petitioner on 19th July, 2022. In view of the above, the petitioner is entitled to interest on revised gratuity and arrear family pension.
7. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Burdwan-I, District-Purba Bardhaman are directed to disburse the interest at the rate of interest @ 8% per annum on the revised gratuity and arrear of family pension in favour of the petitioner by way of pensionary benefits from the date 3 of effect of ROPA 2019 i.e. 14 th February, 2020 till the actual date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.
8. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Burdwan-I, District Purba Bardhaman for necessary compliance.
9. With the aforesaid directions, the writ petition being WPA 21539 of 2025 is disposed of.
10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
11. Consequently, connected applications, if any, stand disposed of.
12. Interim orders, if any, stand vacated.
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.)