Calcutta High Court (Appellete Side)
Ram Chandra Bhanja vs State Of West Bengal & Ors on 19 November, 2018
Author: Amrita Sinha
Bench: Amrita Sinha
1 19.11.2018 W.P. No. 21571 (W) of 2018 sd Ram Chandra Bhanja vs. State of West Bengal & Ors. Ct 24.
Mr. B.B. Maity...For the petitioner. Md. Y. Ali ...For the State.
Affidavit of service filed in court today be kept with the record.
The petitioner was a School Teacher and retired from service on 28.02.2006. The first pension payment order was issued on 22.02.2006 and the gratuity amount and the arrear pension was disbursed on 14.04.2006. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 01.12.2011 and the revised pension was disbursed on 30.04.2012 in terms of ROPA 2009. The petitioner claims interest on delayed payment of revised pension.
I have heard learned counsel for the parties and considered the orders passed by this court in similar facts.
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.
2In the present case, it was the bounden duty of the State to disburse the revised pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee.
In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 9% per annum on the revised pension calculated on and from the due date till date of actual payment.
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.
Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.
WP 21571 (W) of 2018 is disposed of.
There will be no order as to costs.
Urgent Photostat copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Amrita Sinha, J. )