Ashis Sarkar v. State Of West Bengal And ORS.

20.06.2025 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 904 of 2022 Ashis Sarkar Vs.

State of West Bengal & ors.

Mr. Sudip Sarkar Ms. Sabita Khutia (Bhunya) ... For the petitioner Ms. Tapati Samanta Mr. Arindam Ghosh ... for the respondent no.4 1.

Affidavit-of-Service filed on behalf of the petitioner be taken on record.

2.

The writ petitioner retired from service on superannuation as a Librarian of Rajibpur Agrani Pathagar, Rajibpur, P.O. Shyampur, Dist. Howrah on 31st January, 2017. After his retirement, the first pension payment order was issued by the authority concerned on 31st January, 2017. Thereafter, after ROPA 2019 came into force on September 16, 2020, the revised pension payment order was issued on 11th September, 2021.

3.

The petitioner's case is that though he retired on 31st January, 2017, he received payment of his pensionary benefits on 1st March, 2017 and while ROPA 2019 was implemented on September 16, 2020, he received the further

pensionary benefits in terms of the revised pension payment order on 8th October, 2021. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of revised gratuity and revised arrear pension amount.

4.

Learned Counsel appearing for the petitioner submits that getting the pensionary benefits is the legal right of the petitioner and pensionary amount is his property. He further submits that as per the Nationalised Savings Scheme for senior citizens, any deposit is made by a senior citizen now carries interest at the rate of 8.2% p.a. He further submits that had the petitioner received his pensionary benefits in time, the amount, which he would have received, would carry interest at the rate of 8.2% p.a. As such learned Counsel for the petitioner prayed for interest at the rate of 8.2% p.a.

5.

Having heard learned Counsels appearing for the respective parties and on consideration of the documents annexed to the writ petition, I feel that the writ petition may be disposed of by passing the following direction. 6.

Accordingly, the concerned respondent, especially the third respondent, the Treasury Officer, Uluberia, P.O. & P.S.

Uluberia, Howrah, is directed to pay interest at the rate of 8.2% p.a. on the delayed payment of revised gratuity and revised arrear pension in terms of the revised pension payment order with regard to ROPA 2019 from September 16, 2020 till the date of final payment, within eight weeks from the date of communication of this order. 7.

With the aforesaid direction, WPA No. 904 of 2022 stands disposed of. No order as to costs.

8.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. 9.

Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities.

(Smita Das De, J.)