Baidyanath Kayal v. State Of West Bengal And ORS.
13.12.2023 Court No. 13 Item No. 357 SM WPA 9029 of 2021 Baidyanath Kayal Vs.
The State of West Bengal & Ors.
Mr. Manarajnan Sahu, ... For the Petitioner.
1. 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 gratuity and arrear pension under the provisions of the Revision of Pay and Allowances Rules, 1998 (hereinafter referred to as the ROPA, 1998) as well as interest on gratuity and arrear pension on the basis of first pension payment order.
2. Counsel appearing for the petitioner submits that the petitioner retired from the post of Assistant Teacher of Raghabpur F.P. School, South 24 Parganas on 31.01.2000 and the first pension payment order was issued on 07.03.2002 and the gratuity amount and arrear pension was disbursed on 12.09.2002. Upon revision of pay under the provisions of ROPA, 1998 the pension payment order towards revised benefits was issued and the revised
pension payment order issued on 20.12.2002.
The benefits of revised gratuity and arrear pension were actually disbursed in favour of the petitioner on 23.11.2003. The petitioner claims interest on delayed payment of revised gratuity and arrear pension.
3. Counsel for the petitioner further submits that the issue of entitlement towards interest for belated disbursement of the benefits of revised gratuity is no longer res integra and in identical matters, this Court has directed payment of interest for belated disbursement of the benefits of revised gratuity on and from April 01, 1998. In support of such contention reliance has been placed upon a Government Order.
4. Heard counsel on behalf of the petitioner and considered the materials on record.
5. In an identical matter, the Court has directed payment of interest for belated disbursement of the benefits of revised gratuity under ROPA, 1998 on and from April 01,1998 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, 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 gratuity 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 gratuity and arrer pension under ROPA 1998 on and from April 01, 1998 till the date of actual disbursement of such benefits.
6. 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 1998 calculated on and from February 01, 2000 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.
7. With the above observations, this writ petition is disposed of without any order as to costs.
8. Urgent Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.
(Rajasekhar Mantha, J.)