WPA/1715/2026 of DAMBER BAHADUR GURUNG Vs THE STATE OF WEST BENGAL AND ORS on 14 August 2026

Form No.J(2) Sl. No. 20 S.Barman In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 1715 OF 2026 Damber Bahadur Gurung Vs. The State of West Bengal & Ors. For the Petitioner : Ms.Taniya Bhoumik, Adv. Ms. Amrita Maji, Adv. For the Respondent State : Ms. Esha Acharya, Adv. Ms. Tamanna Kar, Adv. Heard on : August 14, 2026 Judgment on : August 14, 2026 [In Court] Aniruddha Roy, J. Affidavit-of-service, filed in Court today, is taken on record. Ms. Taniya Bhoumik, learned Advocate appears for the petitioner. Ms. Esha Acharya, learned Advocate with Ms. Tamanna Kar appears for the respondents State.

The petitioner was an approved Assistant Teacher of Jaldhaka Junior Basic Primary School, District - Darjeeling. He had retired from his employment on 31.05.2022. The Pension Payment Order was issued by the concerned respondent on 17.05.2022. The petitioner had received pension and gratuity under the Pension Payment Order on 18.06.2026. Under ROPA Rules, 2019, there was a revision of Pension, Gratuity and computation of Pension of the pensioners under the Government Notification/Memorandum bearing No.73-SE(B) IM-4/2009 Dated May 19, 2009 and the revised Pension Payment Order of the petitioner under ROPA, 2019 was issued on 18.06.2026 at page 14 to the writ petition. The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from May 19, 2020. It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitled to receive interest. In view of the above, the respondents and/or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the revised gratuity and revised arrear pension @ 8% per annum on and from May 19, 2020 till the date of actual payment being received by the petitioner in terms of the revised Pension Payment Order. The entire exercise as directed above, shall be carried out and completed positively by the respondents and/or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. On the above terms, this writ petition being WPA 1715 of 2026 stands disposed of, without any order as to costs. Urgent photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)