Calcutta High Court (Appellete Side)
Krishna Neogi vs State Of West Bengal & 0Rs on 6 July, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
1
Sl. July 6,
105. 2015 High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P. 12821 (W) of 2015
Krishna Neogi
Versus
State of West Bengal & 0rs.
Mr. Kalyan Kumar Panda,
...for the petitioner.
An affidavit of service is filed, let the same be kept on record. In spite of
service, no one appears on behalf of the State respondents, when the matter is
called on.
The writ petitioner in this writ petition seeks interest on delayed payment of revised gratuity amount.
The writ petitioner had retired from her service on October 31, 2006. The provisional pension payment order was issued on October 19, 2006, that is, prior to the date of her superannuation, the payment in respect of which was received by the writ petitioner on November 30, 2006. Subsequently, the revised pension payment order in terms of Revision of Pay and Allowances Rules, 2009 was issued on June 13, 2013, the payment in respect of which was received by the writ petitioner on August 31, 2013.
In view of the decision rendered by a division bench of this court in M.A.T. 1118 of 2013 and the notification, the writ petitioner is entitled to receive revised pension in terms of Revision of Pay and Allowances Rules, 2009 on and from the date on which the said Rules of 2009 comes into effect, that is, May 19, 2009.
In the instant case, the revised pension and payment order was issued on June 13, 2013. Therefore, there is delay in issuance of such order in terms of Revision of Pay and Allowances Rules, 2009.
Under such circumstances, the writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer to pay interest at the rate of eight (8) per centum per annum for the delayed period of issuance of revised gratuity, that is, on and from May 19, 2 2009 till the date of issuance of revised gratuity amount, within a period of eight (8) weeks from the date of communication of an authenticated copy of this order to him.
There will be no order as to costs.
Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Debangsu Basak, J. ) dns