Sombhu Nath Pramanik v. State Of West Bengal And ORS.

13.04 W.P.A. 8538 of 2023 Sombhu Nath Pramanik -VersusState of West Bengal & Ors.

Ct.

No.

akb Mr. Krishna Pada Santra Ms. Arpita Saha ...For the Petitioner Mr. Subhendu Sengupta ...For the State Affidavit-of-Service filed on behalf of the petitioner be taken on record.

The writ petitioner retired from service on superannuation as a Librarian of B.K. Tarun Sangha Library, Vill. Noor Nagar, P.O. Sabdalpur, P.S. Baishnabnagar, Malda on 31st January, 2016. After his retirement, the first pension payment order was issued by the authority concerned on 28th March, 2016. Thereafter, after ROPA 2019 came into force on September 16, 2020, the revised pension payment order was issued on 12th April, 2021. The petitioner's case is that though he retired on 31st January, 2016, he received payment of his pensionary benefits on 7th May, 2016 and while ROPA 2019 was implemented on September 16, 2020, he received the further pensionary benefits in terms of the revised pension payment order on 12th April, 2021. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of gratuity and pensionary benefits as also revised gratuity and revised arrear pension amount.

Learned Counsel appearing for the petitioner submits that getting the pensionary benefits is the legal right of the petitioner and pensionary amount is his property. She further submits that as per the Nationalised Savings Scheme for senior citizens, any deposit is made by a senior citizen

now carries interest at the rate of 8% p.a. She further submits that had the petitioner received his pensionary benefits in time, the amount, which he would have received, would carry interest at the rate of 8% p.a. As such learned Counsel for the petitioner prayed for interest at the rate of 8% p.a.

Having heard learned Counsels appearing for the respective parties and on consideration of the documents annexed to the writ petition, I feel that the writ petition may be disposed of by passing the following direction. Accordingly, the concerned respondent, especially the third respondent - the Treasury Officer, Malda - I, P.O. & P.S. Malda, District - Malda - is directed to pay interest at the rate of 8% p.a. on the delayed payment of gratuity and pensionary benefits in terms of the first pension payment order from February 01, 2016 and in terms of the revised pension payment order with regard to ROPA 2019 from September 16, 2020 till the date of final payment, within six weeks from the date of communication of this order. With the aforesaid direction, WPA No. 8538 of 2023 stands disposed of. No order as to costs.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities, on priority basis.

( Rabindranath Samanta, J.)