Kamri Devi Hansda v. State Of West Bengal And ORS.

25.01.2023 Item No.130 Court No.18 P.Jana.

W.P.A. 1188 of 2023 Karmi Devi Hansda -Vs- The State of West Bengal & Ors.

Ms. Arpita Saha, ......for the petitioner.

Ms. Mita Biswas(II), ......for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The petitioner's husband was an approved Assistant Teacher of a secondary school, he retired from his said service on superannuation on February 28, 2017 and expired on March 07, 2018.

The first pension payment order of the petitioner's husband was issued on February 23, 2017.

Under the ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No.

53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised pension payment order of the employee concerned under ROPA, 2019 was issued on April 25, 2022, in terms of the said revised pension payment order, the petitioner received the arrear family pension and gratuity on April 25, 2022. The petitioner in the instant writ petition is claiming that she is entitled to interest for the delayed payment of the said gratuity and arrear pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the

concerned Treasury Officer, the respondents herein, to pay such interest.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. It is now well settled that the petitioner is entitled to the interest, as prayed for.

The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and arrear family pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and arrear pension in terms of the said revised Pension payment order.

The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.

W.P.A. 1188 of 2023 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)