WPA/17867/2026 of NABA KUMAR MAHATA Vs THE STATE OF WEST BENGAL AND ORS. on 22 September 2026

1. Affidavit-of-service filed in Court today is taken on record.

2. None appears on behalf of the State respondents.

3. The petitioner was appointed as an Assistant Teacher of a High School who retired from service on 30.06.2016. The first Pension Payment Order was issued on 26.05.2016 and the arrear pension was disbursed on 09.08.2016. Under the ROPA Rules, 2019 there was revision of the gratuity amount payable to the petitioner. The revised Pension Payment Order was issued on 07.06.2021 and the revised arrear pension was disbursed on 23.07.2021 in terms of ROPA 2019. The petitioner claims interest on delayed payment of revised gratuity and revised arrear pension amount.

4. I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

5. It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral dues is delayed the retired employee is surely entitled to get some interest for such delayed payment.

6. In the present case, it was the bounden duty of the State to disburse the pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay

2 interest to the retired employee. Gratuity is welfare provisions aimed at maintaining the life of a retired employee and his/her dependents. This is compensatory in nature.

7. In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 5% per annum on the revised gratuity and revised arrear pension amount calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.

8. The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the teacher.

9. Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

10. The concerned respondent authority is directed to take appropriate steps in accordance with law against the erring officer(s) for whose fault there has been delay in releasing the retirement benefit to the petitioner.

11. Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

12. The writ petition stands disposed of.

13. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

14. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)