Calcutta High Court (Appellete Side)
Dd Ila Rani Pal & Ors vs The Krishnagar Municipality & Ors on 13 August, 2015
Author: Arindam Sinha
Bench: Arindam Sinha
1
WP 15457 (W) 2006
13 13.08.2015
dd Ila Rani Pal & Ors.
Vs.
The Krishnagar Municipality & Ors.
Mr. Debabrata Roy
... ... For the petitioners
Ms. Anjushree Mukherjee
Ms. Susmita Biswas Chowdhury
... ... For the State
Mr. Suman Sengupta
... ....For the Municipality
The deceased husband of the petitioner no.1 served as
headmaster of Provoo Jagathandhu Municipal Free Primary
School under the Krishnagar Municipality and retired from
service with effect from 1st April, 1993. He had applied for
issuance of mandamus commanding the respondents to act
in accordance with law in the matter of payment of arrear pension sanctioned by PPO dated 5th September, 1995 with effect from 1st April, 1993 with interest and direction for payment of arrear pension of Rs. 1,41, 744/-, gratuity dues of Rs. 8915/-, medical benefit of Rs. 1200/- and consequential reliefs.
Mr. Roy, learned advocate appearing on behalf of the petitioners relied on Memorandum dated 7th September, 2001 issued by the Government of West Bengal, Department of Municipal Affairs by which it was notified that the Governor had been pleased to decide that relief on monthly pension/family pension of the Urban Local Bodies shall be paid at the rate of 41% of pension/family pension 2 with effect from 1st July, 2001 onwards. By a subsequent Memorandum dated 17th January, 2007 the rate was increased to 71%. Mr. Roy submitted further the petitioners being the legal representatives of the deceased petitioner were entitled to receive such enhanced pensionary benefits. He relied on an unreported judgment dated 16th February, 2009 delivered by a Division Bench of this Court in FMA 639 of 2008 whereby the appeal of the same Municipality was dismissed on the following opinion of Court as reproduced below :-
"We are of the considered opinion that the municipality cannot be shirk its responsibility of paying the arrears of pension and other retiral benefits to the petitioners in terms of the pension payment order as directed by the Trial Court. Non-payment of arrear of pension would clearly violate the rights of the writ petitioners under Article 21 read with 300A of the Constitution of India. We see no reason to interfere with the order passed by the Trial Court. The appeal is, therefore, dismissed treating the same as on day's list. The stay application is also dismissed."
Mr. Sengupta, learned advocate appearing on behalf of the Municipality submits that there has been issuance of a Government order by which the Government has agreed to pay 40% of the bill on account of pension payments, 60% to be paid by the Municipalities. He submits that the gratuity amount has been paid and 60% of the pension dues of the petitioners will be paid by the Municipality. He relies on an unreported judgment dated 27th July, 2015 in the case of Chanchal Kumar Mishra vs. State of West Bengal & Ors. in MAT 240 of 2015 in which the following was recorded and held :-
"Mr. Kishore Dutta, learned senior Advocate representing the Municipal Authorities submits that the 3 State Government has not yet released 40% of the arrear pension of the employee concerned. The State Government cannot refuse to perform its obligation with regard to release of the pensionary dues of the Municipal employees.
In the aforesaid circumstances, we direct the State- respondents as well as the appellants-Municipal Authorities to take immediate necessary steps for payment of the entire outstanding dues towards the pension as well as dearness allowance if any, of the respondent-employee without any further delay and positively within a period of three weeks from date failing which the Municipal authorities as well as the State-respondents will pay interest @ 9% per annum."
Both the judgments referred to above, contain direction for payment of arrear of pension as well as gratuity and other benefits within three weeks from the respective dates of making of the same. While under judgment dated 16th February, 2009 the award of interest at the rate of 10% per annum directed by the trial Court was upheld, by the judgment dated 27th July, 2015 interest at the rate of 9% per annum was awarded. It is thus clear that the petitioners are entitled to receive the arrear pension benefits along with increases directed to be paid in relation thereto as well as interest at least at the rate of 9% per annum. The respondents are directed to take immediate necessary steps for payment of the entire outstanding dues towards pension and medical benefits including relief on pension without any further delay and positively within a period of three weeks from date failing which the respondents will pay interest at the rate of 9% per annum. The payment must be disbursed to the writ petitioners upon particulars of calculation factoring in the relief on 4 pension, made known to them.
The writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertakings.
(Arindam Sinha, J.) 5