Samir Kr. Jana v. State Of West Bengal And ORS.

19.07.2022 Sl. No.470 ap W.P.A. 114 of 2022 Samir Kumar Jana -VsThe State of West Bengal & Ors.

Mr. Arijit Pradhan.

... ... for the petitioner Ms. Jhuma Chakraborty, Mr. Aritra Ghosh.

...for the State.

The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner was an Assistant teacher of a School and retired from service on 30.06.2018. Pension Payment Order was issued in favour of the petitioner on 15.06.2018 under the ROPA Rules, 2009 there was revision on the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 09.03.2020 revised gratuity amount was disbursed on 15.03.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised gratuity amount.

Although the petitioner was entitled to payment of pensionary benefit from the date of her retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award

interest on delayed payment of arrear pension and gratuity.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioner on gratuity and arrear pension @ 9% per annum from the date of retirement of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)