Calcutta High Court (Appellete Side)
Sibsankar Giri vs The State Of West Bengal & Ors on 28 February, 2020
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
1 28.02.2020
A.Deb Sl. 46 Ct. 25 CAN No. 957 of 2020 In W.P. No. 13791 (W) of 2019 Sibsankar Giri Vs. The State of West Bengal & Ors.
Mr. Bidhan Biswas ...for the petitioner Mr. Atarul Haque Molla ..for the State In Re:- CAN No. 957 of 2020 Heard the learned Counsel for the petitioner and perused the petition. I am satisfied that sufficient averment have been made in the application for recalling the order dated 20.09.2019.
The order dated 20.09.2019 is recalled and the application for recalling being CAN No. 957 of 2020 is allowed.
W.P. No. 13791 (W) of 2019 Affidavit-of-service filed in Court today is kept with the record. The writ petitioner had retired from his service after attaining the age of superannuation on June 30, 2009. The provisional pension payment order was issued on June 30, 2009. Subsequently, the revised pension payment order in terms of Revision of Pay and Allowances Rules, 2009 was issued on November 21, 2011 the payment in respect of which was received by the writ petitioner on January 19, 2012. 2 In view of the decision rendered by a division bench of this Court in M.A.T. 1118 of 2013 read with the circular dated June 25, 2002 issued by the Joint Director of Treasuries and Accounts, West Bengal, and the circular bearing No. 1259-SE dated October 21, 2013, there cannot be any dispute that the writ petitioner is entitled to interest on the revised gratuity amount 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 gratuity amount was disbursed January 19, 2012. Therefore, there is clear delay in disbursing the same.
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 8 % per annum for the delayed period of issuance of revised gratuity, that is, on and from May 19, 2009 till the date of disbursal of the revised gratuity amount, within a period of eight weeks from the date of communication of an authenticated copy of this order to him. The writ petition is disposed of.
There will be no order as to costs.
3Urgent photostat certified copy of this order, if applied for, be given to the parties on the usual undertakings.
(Rajarshi Bharadwaj, J.)