Shital Chandra Nandi v. State Of West Bengal And ORS.

ML KC 01.08.2024 Ct.18 W.P.A. 4243 of 2023 Shital Chandra Nandi -vsThe State of West Bengal & Ors.

Mr. G. Alam Ms. S. De ....for the petitioner.

Mr. Kaustav Bhattacharya ....for the State.

Affidavit-of-service filed in Court is kept with the record.

In spite of service of notice Staterespondent is not represented by learned advocate. Mr.

Kaustav Bhattacharya, learned advocate is present in Court who usually represents the State and he is requested to enter appearance on behalf of the State.

Let engagement of Mr. Bhattacharya be regularized by the State.

The writ petitioner is a retired Assistant Teacher, who superannuated on 31st January, 2016. After superannuation of the writ petitioner, first Pension Payment Order was issued on 17th February, 2016 and as per the first Pension Payment Order disbursement of retiral dues was made in favour of the petitioner. Subsequently, due to revision of pay as per ROPA 2019 revised Pension Payment Order was

issued on 19th April, 2021. The writ petitioner claims interest on revised gratuity as per revised Pension Payment Order.

State respondents are represented by learned advocate.

Accordingly, the Director of Pension Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest at the rate of 8% per annum to the writ petitioner on revised gratuity as per revised pension payment order from 14th February, till the date of actual disbursement of the revised gratuity amount in favour of the petitioner, within a period of eight weeks from the date of communication of this order.

Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.

With the above observation, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)