Calcutta High Court

WPA/1641/2026 of BIPUL CHANDRA DATTA Vs THE STATE OF WEST BENGAL AND ORS on 12 August 2026

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2026 A.Roy, J. Form J(2) Sl.No.19 Moumita In the High Court at Calcutta In the Circuit Bench

A.Roy, J.

Form J(2)

Sl.No.19

Moumita

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 1641 OF 2026

Bipul Chandra Datta

Vs.

The State of West Bengal & Ors.

For the petitioner

:

Ms. Taniya Bhoumik, Adv.

Ms. Jonaki Saha, Adv.

For the Respondent State

:

Mr. Narendranth Bhattacharya, Adv.

Mr. Tuhin Kumar Roy, Adv.

Heard on

:

August 12, 2026

Judgment on

:

August 12, 2026

[In Court]

Aniruddha Roy, J. :

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

2. Ms. Taniya Bhoumik, learned Advocate appears for the petitioner.

3. Mr. Narendranath Bhattacharya, learned Advocate with learned Advocate Mr. Tuhin Kumar Roy, appears for the respondents State.

A.Roy, J.

4. The petitioner was an approved Assistant Teacher of Panisala High School, District – South Coochbehar. He had retired from his employment on 31.01.2020.

5. The Pension Payment Order was issued by the concerned respondent on 16-06-2020 and ROPA part was issued on 13.01.2021.

6. 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.53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised Pension Payment Order of the petitioner under ROPA, 2019 was issued on 13.01.2021 at page 11 to the writ petition.

7. The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from February 14, 2020.

8. 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.

9. 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 February 14, 2020 till the date of actual payment being received by the petitioner in terms of the revised Pension Payment Order.

A.Roy, J.

10. 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.

11. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

12. On the above terms, this writ petition being WPA 1641 of 2026 stands disposed of, without any order as to costs.

13. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)

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