07.01.2026

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE WPA/18161/2025

MIRJA ATIBAR RAHAMAN

VS

STATE OF WEST BENGAL AND ORS.

Ms. Arpita Saha

…for the Petitioner.

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 the interest on delayed payment of gratuity and other pensionary benefits from the date of effect of ROPA 2019 till the date of actual payment @ 18% per

annum.

3. The petitioner contends that the petitioner was

appointed as an Assistant Teacher in High Madrasah School and he retired from service on superannuation on 31^st May, 2016 after rendering service of 23 years. The first Pension Payment Order was issued in favour of the petitioner on 16^th May, 2016. After a lapse of long period, the revised Pension Payment Order under ROPA 2019 was issued on 23^rd April, 2021. The petitioner on 3^rd May, 2021. However, no interest has

been paid on the delayed payment of gratuity. Hence this writ petition.

submits that the petitioner is entitled to interest on delayed payment of gratuity amount.

5. None appears on behalf of the State.

6. Ms. Lipika Chatterjee, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised by the authority concerned.

7. The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms.

Chatterjee, learned advocate for the State.

8. Ms. Chatterjee, learned advocate for the State leaves the matter to the discretion of the Court.

9. It is found from the contention of the writ petition that the gratuity amount has been paid on 3^rd May, 2021 as per ROPA 2019 belatedly. As such, the petitioner is entitled to interest on delayed payment of gratuity.

10. Accordingly, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Malda-I are directed to pay the interest @ 8% per petitioner from the date of effect of ROPA 2019 i.e. 14^th February, 2020 till the date of actual payment of the gratuity amount.

11. Such payment is to be made within a period of eight weeks from the date of communication of this order.

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, Malda-I for necessary action.

13. With the aforesaid directions, the writ petition being WPA 18161 of 2025 is disposed of.

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

15. Interim order, if any, stands vacated.

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

17. There shall be no order as to costs.

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

19. 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.)