Samarendra Nath Das v. State Of West Bengal And ORS.

13.04 W.P.A. 8555 of 2023 Samarendra Nath Das -VersusThe State of West Bengal & Ors.

Ct.

No.

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

The writ petitioner retired from service on superannuation as a Junior Library Attendant of Birnagar Udayan Club Library, P.S. Baishnabnagar, District - Malda on 31st July, 2016. After his retirement, the first pension payment order was issued by the authority concerned on 3rd August, 2016. Thereafter, when ROPA 2019 came into force on September 16, 2020, the revised pension payment order was issued on 22nd April, 2021.

The petitioner's case is that though ROPA 2019 was implemented on September 16, 2020, he received the gratuity amount and revised arrear pension amount in terms of the revised pension payment order on 1st May, 2021. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of revised gratuity and 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. He 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. He 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 prays for interest at the rate of 8% p.a. Having heard learned counsel appearing for the 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 revised gratuity and revised pensionary benefits from 16th September, 2020 till the date of final payment, within six weeks from the date of communication of this order. With the aforesaid direction, WPA No. 8555 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.)