Malina Ghorai Maity v. State Of West Bengal And ORS.

22.01.2025 Item No.58, DL Court No.19 AJ.

IN THE HIGH COURT AT CLACUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 10681 of 2024 Malina Ghorai Maity -Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra.

......for the petitioner.

Mr. Debasish Basu.

......for the State.

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

The petitioner was an approved Assistant Teacher of a primary school and retired from her said service on superannuation on November 30, 2017. The first pension payment order of the petitioner was issued on December 22, 2017.

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 petitioner under ROPA, 2019 was issued on May 24, 2021 and in terms thereof, the petitioner received the arrear pension and gratuity on June 06, 2021. 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 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.

Learned Advocate for the State respondents does not oppose the prayer of the petitioner. 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 revised 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. 10681 of 2024 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.)