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Shib Sankar Pandit v. State of West Bengal and Ors.

Calcutta HC22 Sept 2026WPA/20174/2026

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What is this about?

The Calcutta High Court disposed of a writ petition filed by a retired assistant teacher seeking interest on delayed payment of revised gratuity and arrear pension under ROPA Rules, 2019. The court held that the State had a bounden duty to disburse pension on the due date and, if delayed without justification, must pay interest at 5% per annum from the due date to actual payment, unless the delay was attributable to the petitioner. The court directed payment within eight weeks and action against erring officers.

What did the court decide?

Interest at 5% per annum on revised gratuity and revised arrear pension from due date to actual payment, provided delay not attributable to petitioner; payment within eight weeks; action against erring officers.

Shib Sankar Pandit Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2026)

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ML-1025 22.09.2026 Court No.24 pg.

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

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WPA 20174 of 2026

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Shib Sankar Pandit

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-versus

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The State of West Bengal & Ors.

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Ms. Mohua Palit

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… For the petitioner

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The instant writ petition has been filed seeking interest on account of delayed payment of the revised terminal dues.

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The petitioner was appointed as an Assistant Teacher of a High School who retired from service on 30.11.2017. The first Pension Payment Order was issued on 28.03.2018 and the arrear pension was disbursed on 15.06.2018. Under the ROPA Rules, 2019 there was revision of the gratuity amount payable to the petitioner. The revised Pension Payment Order was issued on 20.12.2021 and the revised arrear pension was disbursed on 01.01.2022 in terms of ROPA 2019. The petitioner claims interest on delayed payment of revised gratuity and revised arrear pension amount. 3. I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

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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.

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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

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amount after unexplained delay, it is obliged to pay 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.

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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.

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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.

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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.

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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.

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

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The writ petition stands disposed of.

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

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

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(Amrita Sinha, J.)

Shib Sankar Pandit v. State of West Bengal and Ors.

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Shib Sankar Pandit v. State of West Bengal and Ors.

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