Gayatri Kundu v. State Of West Bengal And ORS.

15.05.2024 Item No.207 Court No.18 SK W.P.A. 6957 of 2024 Gayatri Kundu -Vs- The State of West Bengal & Ors.

Mr. Sudipta Maiti ......for the petitioner.

Ms. Rupsha Chakraborty ... for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The husband of the petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on April 30, 1997 and expired on March 28, 2021.

The first pension payment order of the employee concerned was issued on March 11, 1999.

Under the ROPA Rules, 1998, there was revision of the pension, gratuity and computation of pension of the pensioners and the revised pension payment order of the employee concerned under ROPA, 1998 was issued on September 03, 2001, in terms whereof, the petitioner received the arrear family pension and gratuity on October 01, 2001. The petitioner in the instant writ petition is claiming that she is entitled to interest for the delayed payment of the said gratuity and arrear family pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the

concerned Treasury Officer, the respondents herein, to pay such interest.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. It is now well settled that the petitioner is entitled to the interest, as prayed for.

The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and revised arrear family pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. April 01, 1998 till the date of payment of revised gratuity and revised arrear family pension in terms of the said revised Pension payment order. The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.

W.P.A. 6957 of 2024 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)