Monowara Begum v. State Of West Bengal And ORS.
20 24.02.2023 Sc Ct. no.22 WPA 1351 OF 2023 -------------- Monowara Begum Vs.
The State of West Bengal & Ors.
Mr. Sudip Sarkar ....For Petitioner Ms. Subhra nag ....For the State Affidavit-of-service, filed in Court, is taken on record.
This writ petition was filed by the widow of the deceased employee, namely, late Haroj Ali Khan who was an Assistant Teacher of the relevant school stated hereinafter. From the document being Annexure P-1 and P-2 at pages 14 and 15 to the writ petition it appears that, the deceased employee died on May 27, 2022 and the present petitioner being the wife of the deceased employee had already received the revised gratuity amount and the allied benefits of her deceased husband. The husband of the petitioner was an approved Assistant Teacher at Uluberia Haji Ishaque D.U.S. Senior Madrasah, District - Howrah. He had retired from his employment on December 31, 2016 and died on May 27, 2022.
The Pension Payment Order was issued by the concerned respondent on 28.03.2017 and ROPA part was issued on 18.11.2021.
Under ROPA Rules, 2019, there was a revision of Pension, Gratuity and computation of Pension of the pensioners under the Government Notification /Memorandum bearing No.53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised Pension Payment Order of the petitioner's husband under ROPA, 2019 was issued on November 18, 2021.
The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from February 14, 2020.
Mr. Nara Narayan Ganguly, learned advocate appears for the State/respondents.
It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest.
In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the revised gratuity and on arrear pension @ 8% per annum on and from February 14, 2020 till the date of actual payment being received by the petitioner in terms of the revised Pension Payment Order.
The entire exercise as directed above, shall be carried out and completed positively by the respondents
and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition being WPA 1351 of 2023 stands disposed of, without any order as to costs.
Photostat certified of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)