Rajat Ali Sheikh v. The State Of West Bengal And ORS.

05.07.2024 Ct. No. 2 Sl. No. 15 tbsr WPA 16924 of 2024 Rajat Ali Sheikh Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ....for the petitioner Mr. Bikash Chakraborty ....for the State Affidavit-of-service, filed in Court today, is taken on record.

The petitioner was an approved Panchayat Karmee at Bermajur Gram Panchayat, District - North 24 Parganas. He had retired from his employment on June 30, 2017.

The pension payment order was issued by the concerned respondent on March 11, 2020 and ROPA part was issued on September 23, 2022.

Under ROPA Rules, 2019, there was a revision of Pension, Gratuity and computation of Pension of the pensioners under the Government notification/ memorandum bearing No.

2330/PN/O/111/2E01/2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on September 23, 2022.

The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension from the date of retirement under Ropa 2019 Rule. Mr.

Bikash Chakraborty, learned advocate appears for respondents.

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 revised gratuity on arrear pension @ 8% per annum from the date of retirement till the date of actual payment being received by the petitioner in terms of the revised 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 amounts 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 16924 of 2024 stands disposed of.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)