Calcutta High Court (Appellete Side)
Ashok Kumar Sinha vs The State Of West Bengal & Ors on 4 August, 2023
04.08.2023
Item No.195
Court No.18
AJ.
W.P.A. 17830 of 2023
Ashok Kumar Sinha
-Vs-
The State of West Bengal & Ors.
Ms. Sudipa Biswas.
......for the petitioner.
Mr. Suman Agarwal.
.....for the State.
Affidavit-of-service filed by the learned advocate
for the petitioner be kept with the record.
The petitioner was an approved Assistant
Teacher of a secondary school and retired from his
said service on superannuation on April 30, 2017.
The first pension payment order of the
petitioner was issued on April 24, 2017.
Under the ROPA Rules, 2019, there was
revision of the pension, gratuity and computation of
pension of the pensioners vide Memorandum of the
Government of West Bengal bearing No.
53/ES/P/P&B/10M-99/2019 dated February 14,
2020 and the revised pension payment order of the
petitioner under ROPA, 2019 was issued on October
13, 2020 in terms thereof, the petitioner received the
arrear pension and gratuity on December 03, 2020.
The petitioner in the instant writ petition is
claiming that he is entitled to interest for the delayed
payment of the said gratuity and arrear pension and
is praying issuance of writ of mandamus
commanding the Director of Pension, Provident Fund
2
and Group Insurance and the concerned Treasury
Officer, the respondents herein, to pay such interest.
Learned Advocate for the State respondents does not oppose the prayer of the petitioner.
It is now well settled that the petitioner is entitled to the interest, as prayed for.
The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and revised arrear pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and revised arrear pension in terms of the said revised Pension payment order.
The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.
W.P.A. 17830 of 2023 stands disposed of with the above directions. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)