Kanchan Mandal (Dey) v. State Of West Bengal And ORS.

10.04.2024 Item No.58 Court No.18 P. Jana.

IN THE HIGH COURT AT CALCUTTA

CONSTITUT8IONAL WRIT JURISDICTION W.P.A. 7313 of 2023 Kanchan Mandal (Dey) -Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury, ......for the petitioner.

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

In spite of service, none appears on behalf of the State-respondents.

The husband of the petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on January 31, 2018 and expired on April 10, 2020.

The first pension payment order of the employee concerned was issued on January 25, 2018.

Under the ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No.

53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised pension payment order of the employee concerned under ROPA, 2019 was issued on June 29, 2022, in terms of the said revised pension payment order, the petitioner received the arrear family pension and gratuity on July 08, 2022. 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.

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 pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and arrear 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. 7313 of 2023 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.)