Subhra Das Chakraborty And ORS v. State Of West Bengal And ORS.

04.08.2023 Item No.198 Court No.18 AJ.

W.P.A. 17844 of 2023 Subhra Das Chakraborty & Ors.

-Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas.

......for the petitioners.

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

None appears on behalf of the State respondents in spite of service.

The husband of the petitioner no.1 was an approved Assistant Teacher of a secondary school and who died-in-harness on February 10, 2019. The first pension payment order of the employee concerned was issued on March 11, 2020.

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 employee concerned under ROPA, 2019 was issued on September 11, 2021 and in terms thereof, the petitioners received the arrear family pension and gratuity on October 07, 2021.

The petitioners in the instant writ petition is claiming that they are entitled to interest for the delayed payment of the said gratuity and arrear family 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.

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 family 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 family 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. 17844 of 2023 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.)