Calcutta High Court (Appellete Side)
Sudhir Chandra Ghosh vs The State Of West Bengal & Ors on 21 September, 2011
Author: Indira Banerjee
Bench: Indira Banerjee
1
7.
21.09.2011.
d.d.
W. P. No.2362 (W) of 2011
Sudhir Chandra Ghosh
Vs.
The State of West Bengal & Ors.
Mr. Tapabrata Chakraborty,
Mr. Partha Sarkar
...... For the Petitioner.
Mr. B. R. Ghosal,
Mr. Dipak Kumar Mukherjee
.... For the Municipality.
Mr. Sirsanya Bandopadhyay
..... For the State.
This writ petition is directed against the failure of the
respondent authorities to make payment of revised pension to the
petitioner.
The petitioner, a permanent approved of Uttarpara-Kotrung Municipality, retired from service on 31st December, 1993 upon attaining the age of superannuation. It is stated that the petitioner submitted his option to come under the Pension Scheme.
A Pension Payment Order dated 23rd April, 1994 whereby the petitioner was granted pension at the rate of Rs.1125/-, in addition to other terminal benefits.
The pension payable to the employees of the municipality are revised from time to time as and when there is revision of pay and allowances pursuant to recommendations of Pay Commissions. It 2 is stated that by a Memorandum No.230/MA/0/C/9/2P-6/2009 dated 9th June, 2009, the pensionary benefits of employees of Urban Local Bodies, except Kolkata Muncipal Corporation, who retired after coming into force of ROPA 2009, was revised. On the same day, that is, on 9th June, 2009, another memorandum being Memorandum No.231/MA/0/C-9/2P-6/2009 was issued whereby the pension or family pension of pre-January, 2006 pensioners/family pensioners was revised with effect from 1st April, 2008. According to the petitioner, the petitioner is covered by the aforesaid second Memorandum dated 9th June, 2009. However, the benefit of revision has not yet been given to the petitioner.
It appears that the Chairman of the municipality has forwarded the relevant papers pertaining to pension to the Director of Local Bodies, Government of West Bengal for necessary action. The attention of this Court has been drawn to Memorandum No.32(11)G/MA/N/C-2/1G-21/2009 dated Kolkata the 8th June, 2011 issued by the Joint Secretary to the Government of West Bengal, Department of Municipal Affairs, Writers' Buildings, Kolkata, the contents of which are set out hereinbelow for convenience:
" The undersigned is directed by order of the Governor to say that the governor is pleased to sanction for the payment of a sum of Rs.5,03,96,721/- (Rupees Five crore three lakh ninety six thousand seven hundred and twenty one) only to the Urban Local Bodies on adhoc basis as per allotment in the enclosed statement as 40% of total requirement (Basic Pension+Dearness Relief) of pension to the Pensioners of the Urban Local Bodies for the year 2009-10 during the financial year, i.e., 2011-2012.
2. The District Magistrate concerned is hereby authorised to draw the grants sanctioned above and disburse the same to the Urban Local Bodies concerned by transfer credit through Local Fund Account of the concerned Urban Local Bodies in 3 favour of the pensioners who have received the P.P.O. for drawal of their pension.
3. The charge will be debitable to the head "2071-Pensions and other Retirement Benefits-01-Civil-110-Pension of Employees of Local Bodies-NP-Non-Plan-001-Provision for payment of pension of employees of Local Bodies-04- Pension/Gratuitites-V' under demand no.18/Finance (Audit) Department in the current year's Vote-on-Account budget i.e. 2011-2012.
4. Utilisation Certificate is to be furnished by the Urban Local Bodies in the prescribed form direct to the Principal Accountant General (A&E), West Bengal, with a copy to this Department positively, as soon as the amount is drawn and utilised.
5. This order issues in exercise of the Powers delegated under Finance Department Memo No.700-FB dated 31.03.2010.
6. The principal Accountant General (A&E), West Bengal/Treasury officer and other concerned are being informed. "
As rightly submitted on behalf of the petitioner, pension is not a bounty. Once revision of pension is effected, the benefit of revision has to be granted to all employees. Funds would necessarily have to be allocated and it appears that funds have been allocated by the Memo dated 8th June, 2011, referred to above.
The writ application is disposed of by directing the respondents to forthwith give the petitioner the benefit of revision of pension. The petitioner shall be paid pension at the revised rate from November, 2011 onwards. All arrears due and payable to the petitioner shall positively be released within 31st December, 2011 with interest with interest at the rate of 9% per annum to be computed from the seventh day of the month following the month 4 for which the revised pension became payable. Needless to mention that interest shall be computed as per reducing balance. The petitioner, being unnecessarily dragged to this Court, shall be entitled to costs of these proceedings assessed at Rs.10,000/- to be paid by the State to the petitioner along with arrears of pension.
The Director of Local Bodies shall ensure that adequate funds are released for compliance of this order.
Let photostat copies of this order, duly countersigned by the Assistant Registrar (Court), be supplied to the learned Counsel for the appearing parties on usual undertakings.
( Indira Banerjee, J )