Calcutta High Court (Appellete Side)
Pk vs (Interest On Arrear Pension) on 27 November, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
27.11.2018 WP 20525 (W) of 2018
Court No. 14
Item No. SL - 101 Dulal Chandra Maiti
PK
Vs.
(Interest on Arrear Pension)
The State of West Bengal & Ors.
Mrs. Pritikana Gantait, Advocate
......for the Petitioner
1. Affidavit-of-service filed in Court today be kept with the
record.
2. In spite of service, nobody appears on behalf of the State.
3. The instant writ petition has been preferred challenging
the impugned denial of the respondents to pay interest
for belated disbursement of the revised benefits of arrear pension under the provisions of the Revision of Pay and Allowances Rules, 2009 (hereinafter referred to as the ROPA, 2009).
4. Counsel appearing for the petitioner submits that the petitioner retired from the post of Assistant Teacher on 31.01.2008 and the first pension payment order was issued on 17.01.2008. Upon revision of pay under the provisions of ROPA, 2009 the pension payment order towards revised benefits was issued and the benefits of revised arrear pension were actually disbursed in favour of the petitioner on 30.07.2011.
5. Counsel for the petitioner further submits that the issue of entitlement towards interest for belated disbursement of the benefits of revised pensionary benefits is no longer res integra and in identical matters, this Court has directed payment of interest for belated 2 disbursement of the benefits of revised arrear pension on and from May 19, 2009. In support of such contention reliance has been placed upon a Government Order dated October 21, 2013.
6. Heard counsel on behalf of the petitioner and considered the materials on record.
7. In an identical matter, the Court has directed payment of interest for belated disbursement of the benefits of revised gratuity under ROPA, 2009 on and from May 19, 2009 till the date of actual disbursement of such benefits and as upon acceptance of such direction of the Hon'ble Court, the State authorities have issued the Government Order dated October 21, 2013, question of denial of interest to the petitioner does not occasion and in the said conspectus of facts and as the delay pertaining to disbursement of the revised benefits of gratuity is not attributable to the petitioner, I am of the opinion that the petitioner is entitled to interest for belated disbursement of the benefits of revised gratuity under ROPA, 2009 on and from May 19, 2009 till the date of actual disbursement of such benefits.
8. Accordingly, this court directs the respondents, particularly concerned Treasury Officer to pay interest to the petitioner at the rate of 8% per annum on the benefits of revised arrear pension under ROPA, 2009 calculated on and from 19th May, 2009 till the date of actual disbursement of such benefits to the petitioner within a period of ten weeks from the date of 3 communication of this order.
9. With the above observations, this writ petition is disposed of without any order as to costs.
10. All parties are to act on the website copy of this order.
(Rajasekhar Mantha, J.)