Abu Daud Shaikh v. State Of West Bengal And ORS.

02.08.2024 Sl. No. 458.

M/L.

Mithun Ct.No.18 WPA 5518 of 2023 Abu Daud Shaikh Vs.

The State of West Bengal & Ors.

Mr.Gausul Alam, Ms. Sanchayita De ..for the petitioner.

Mr. Avishek Prasad ...for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

In spite of service of notice, no one appears for the State respondents. Mr. Avishek Prasad, learned Advocate who usually represents the State respondents is present in Court. He is requested to represent the State respondents. Engagement of Mr. Prasad be regularized by the office of the learned Government Pleader.

Petitioner is the retired Assistant Teacher, who superannuated on 31st March, 2018.

After superannuation of the petitioner, first Pension Payment Order was issued on 23rd April, 2018 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 20th October, 2020. Petitioner claims interest on revised gratuity as per revised pension payment order. 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 petitioner on revised gratuity as per revised pension payment order from 14th February, 2020 till the date of actual disbursement of revised gratuity in favour of the petitioner, within a period of 8 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 this order if applied for be supplied for the parties subject to compliance with all requisite formalities.

(Saugata Bhattacharyya, J.)