Meneka Rani Mondal v. State Of West Bengal And ORS.

29 27.3.2023 Sc Ct. no.22 WPA 16008 OF 2022 -------------- Menaka Rani Mondal Vs.

The State of West Bengal & Ors.

Ms. Sudipa Biswas ....For Petitioner Mr. Safik Dewan ....For the State Affidavit-of-service, filed in Court, is taken on record.

Mr. Safik Dewan, learned advocate appeared for the State.

The petitioner was an approved Assistant Teacher at Dantan Binapani Girls High School (H.S.), District - Paschim Medinipur. He had retired from his employment on 31.8.2012.

The Pension Payment Order was issued by the concerned respondent on 02.5.2013. The petitioner had received Pension Payment Order on 22.6.2013. 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 gratuity and arrear pension on and from 31.8.2012.

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 entitled 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 gratuity and 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 16008 of 2022 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)