Shibani Bauri v. State Of West Bengal And ORS.

06.04.2021 Ct. No. 13 sl.340 sp W.P.A. No. 7780 of 2021 (Through Video Conference) Shibani Bauri

Versus

The State of West Bengal & Ors.

Mr. B. Mal ...For the petitioner.

Md. Mansoor Alam ..For the State.

Affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept on record. The instant writ petition has been preferred challenging the impugned denial of the respondents to pay interest for belated disbursement of the revised benefits of arrear under the provisions of the Revision of Pay and Allowances Rules, 2009 (hereinafter referred to as the ROPA, 2009).

Counsel appearing for the petitioner submits that the petitioner's husband retired from the post of Panchayat Karmee on 31.07.2006 and expired on 31.01.2016 and the first pension payment order was issued on 14.05.2007. Upon revision of pay under the provisions of ROPA, 2009 the pension payment order towards revised benefits was issued on 09.05.2012 and the benefits of revised gratuity as well as arear pension were actually disbursed in favour of the petitioner on 30.06.2012.

Counsel for the petitioner further submits that the issue of entitlement towards interest for belated disbursement of the benefits of revised arrear is no longer res integra and in identical matters, this Court has directed payment of interest for belated disbursement of the benefits of revised arrear on and from May 19, 2009. In support of such contention reliance has been placed upon a Government Order dated October 21, 2013.

Heard counsel on behalf of the petitioner and considered the materials on record.

In an identical matter, the Court has directed payment of interest for belated disbursement of the benefits of revised arrear under ROPA, 2009 on and from May 19, 2009 till the date of actual disbursement of such benefits and as upon acceptance of such direction of the Hon'ble Court, the State authorities have issued the Government Order dated October 21, 2013, question of denial of interest to the petitioner does not occasion and in the said conspectus of facts and as the delay pertaining to disbursement of the revised benefits of arrear is not attributable to the petitioner, I am of the opinion that the petitioner is entitled to interest for belated disbursement of the benefits of revised arrear under ROPA, 2009 on and from May 19, 2009 till the date of actual disbursement of such benefits. Accordingly, this Court directs the respondents, particularly concerned Treasury Officer to pay interest to

the petitioner at the rate of 8% per annum on the benefits of revised gratuity and arrear pension under ROPA, 2009 calculated on and from May 19, 2009 till the date of actual disbursement of such benefits to the petitioner within a period of ten weeks from the date of communication of this order.

With the above observations, this writ petition is disposed of without any order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Rajasekhar Mantha, J.)