Nishi Kanta Barman v. State Of West Bengal And ORS.

05.03.2021 (adeb) W.P.A. No. 5526 of 2021 Nishi Kanta Barman Vs.

The State of West Bengal & ors.

Mrs. Sabita Khutia (Bhunya) ... For the petitioner Syed Julfikar Ali ....For the State Affidavit of service filed in court today is taken on record.

The petitioner was a Lecturer of the concerned College, who retired from service on 31.03.2004. The first Pension Payment Order was issued in favour of the petitioner on 15.06.2004 and after introduction of ROPA 2009, revised pension payment order was issued on 04.01.2013. The petitioner received the retirement benefits on the basis of first PPO on 30.11.2004 and received the revised arrear pension on 01.08.2013 on the basis of ROPA 2009.

Having regard to the order passed by the Hon'ble Division Bench of this Court dated August 14, 2013 in MAT 1118 of 2013 read with the circular dated June 25, 2002 issued by the Joint Director of Treasuries and Accounts, West Bengal, there cannot be any dispute that the petitioner is entitled to interest on the amount of

revised arrear pension based on ROPA 2009, to be payable from May 19, 2009.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on the delayed payment of gratuity and pension as per the first PPO from the date of retirement till the date of actual payment and also interest on revised arrear pension @ 8% per annum from 19th May, 2009 till the date of actual payment within four weeks from the date of service if an authenticated copy of this order. With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)