Anita Pal v. State Of West Bengal & ORS

12 18.9.2023 Sc Ct. no.22 WPA 13202 OF 2019 -------------- Anita Pal Vs.

State of West Bengal & Ors.

Mr. Ajay Barman Roy Ms. Krishna Yadav.

....For Petitioner Affidavit-of-service, filed in Court, is taken on record.

The petitioner was an approved Assistant Teacher at Titagarh Andhra Vidyalayam Higher Secondary School, District - North 24-Parganas. She had retired from her employment on 28.02.2001.

The Pension Payment Order was issued by the concerned respondent on 31.3.2002. The petitioner had received Pension under the Pension Payment Order on 20.2.2003. The petitioner was entitled to pensionary benefit from the date of retirement, the same was not paid.

The petitioner now claims interest for the delayed payment of the said arrear pension on and from 01.3.2001.

None appears for the State.

It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement

thereof in favour of such employee, such an employee is eligible and entitle to receive interest.

In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the arrear pension @ 8% per annum on and from the date of retirement till the date of actual payment being received by the petitioner in terms of the Pension Payment Order.

The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amount and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

On the above terms, this writ petition being WPA 13202 of 2019 stands disposed of, without any order as to costs.

Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)