Haripada Mardanya v. State Of West Bengal And ORS.

06.08.2024 Ct. No. 14 Sl. No.M/L-168 KB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 5368 of 2024 Hari Pada Mardanya -versus- The State of West Bengal & Ors.

Mr. Satyaranjan Kundu ... For the petitioner.

Ms. Kakali Naskar ... For the State.

Affidavit of Service filed in Court today be retained with the record.

The petitioner was appointed as a head teacher of a primary school who retired from service on 31st October, 2016. The first pension payment order was issued on 13.01.2017 and the arrear pension was issued on 22.02.2017. Under the ROPA Rules, 2019 there was revision of the pension and gratuity amount payable to the petitioner. The revised pension payment order was issued on 04.05.2021 and the arrear revised pension was disbursed on 21.05.2021 in terms of ROPA 2019. The petitioner claims interest on delayed payment of revised gratuity as also revised arrear pension.

I have heard learned counsel for the petitioner and considered the orders passed by this Court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral is delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it was the bounden duty of the State to disburse the pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. Pension and gratuity are welfare provisions aimed at maintaining the life of a retired employee and his dependants. This is compensatory in nature.

In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 7% per annum on the revised gratuity and revised arrear pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner. The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the teacher.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

The concerned respondent authority is directed to take appropriate steps in accordance with law against the erring officer (s) for whose fault there has been delay in releasing the retirement benefit to the petitioner. Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)