Disposed¶21

Ajit Kumar Dhara v. State of West Bengal and Ors.

Calcutta HC20 Jun 2025WPA/902/2022

Case brief

AI extract

What is this about?

Calcutta High Court, W.P.A. 902 of 2022, decided 20.06.2025 - delayed payment of pensionary benefits; superannuation retirement of Librarian, Priyonath Sahitya Mandir, Shyampur, Howrah; first pension payment order dated 11.05.2016; revised pension payment order dated 05.12.2021; ROPA 2019 implemented 16.09.2020; direction to Treasury Officer, Uluberia to pay interest at 8.2% p.a. on delayed revised gratuity and revised arrear pension from 16.09.2020 till final payment, within eight weeks; petition disposed of, no costs.

What did the court decide?

Interest at 8.2% p.a. on delayed payment of revised gratuity and revised arrear pension (ROPA 2019) from September 16, 2020 till the date of final payment, payable within eight weeks; no order as to costs. ¶21

Ajit Kumar Dhara Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

¶1

20.06.2025

¶2

¶3

9 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

¶4

W.P.A. 902 of 2022

¶5

Ajit Kumar Dhara Vs.

¶6

State of West Bengal & ors.

¶7

Mr. Sudip Sarkar Ms. Sabita Khutia (Bhunya)

¶8

… For the petitioner

¶9

Ms. Tapati Samanta Mr. Arindam Ghosh

¶10

… for the respondent no.4

¶11

Affidavit-of-Service filed on behalf of the petitioner be taken on record.

¶12

The writ petitioner retired from service on superannuation as a Librarian of Priyonath Sahitya Mandir P.O. Shyampur, Dist. Howrah on 29^th February, 2016. After his retirement, the first pension payment order was issued by the authority concerned on 11^th May, 2016. Thereafter, after ROPA 2019 came into force on September 16, 2020, the revised pension payment order was issued on 5^th December, 2021.

¶13

The petitioner’s case is that though he retired on 29^th February, 2016, he received payment of his pensionary benefits on 2^nd June, 2016 and while ROPA 2019 was implemented on September 16, 2020, he received the further

¶14

¶15

pensionary benefits in terms of the revised pension payment order on 10^th December, 2021. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of revised gratuity and revised arrear pension amount.

¶16

Learned Counsel appearing for the petitioner submits that getting the pensionary benefits is the legal right of the petitioner and pensionary amount is his property. He further submits that as per the Nationalised Savings Scheme for senior citizens, any deposit is made by a senior citizen now carries interest at the rate of 8.2% p.a. He further submits that had the petitioner received his pensionary benefits in time, the amount, which he would have received, would carry interest at the rate of 8.2% p.a. As such learned Counsel for the petitioner prayed for interest at the rate of 8.2% p.a.

¶17

Having heard learned Counsels appearing for the respective parties and on consideration of the documents annexed to the writ petition, I feel that the writ petition may be disposed of by passing the following direction.

¶18

Accordingly, the concerned respondent, especially the third respondent, the Treasury Officer, Uluberia, P.O. & P.S.

¶19

¶20

Uluberia, Howrah, is directed to pay interest at the rate of 8.2% p.a. on the delayed payment of revised gratuity and revised arrear pension in terms of the revised pension payment order with regard to ROPA 2019 from September 16, 2020 till the date of final payment, within eight weeks from the date of communication of this order.

¶21

With the aforesaid direction, WPA No. 902 of 2022 stands disposed of. No order as to costs.

¶22

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

¶23

Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities.

Ajit Kumar Dhara v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Ajit Kumar Dhara v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Case details

Similar cases

M/S Pinki Construction and Anr. Vs the Executive Engineer, Pwd, Dakshin Dinajpur and Ors.

M/S Pinki Construction and Anr. Vs the Executive Engineer, North Bengal Development Department

M/S. Pinki Construction and Anr. Vs Superintending Engineer, Pwd, Malda Nad Ors.

Ashis Sarkar Vs State of West Bengal and Ors.

Tarun Kanti Naskar Vs State of West Bengal and Ors.

Raibatak Chakraborty Vs the State of West Bengal and Ors.