Champa Rana v. State Of West Bengal And ORS.

21.09.2022 SL. No.24 Court No.19 GB W.P.A. No. 21716 of 2022 Champa Rana

Versus

The State of West Bengal & Ors.

Mr. Banshi Badan Maity.

...for the Petitioner.

Mrs. Sudipa Ray, Ms. Srinath Singha Roy.

... for the State.

Affidavit of service filed in Court today be taken on record.

The petitioner's husband was a Job Assistant of Narayanbarh Gram Panchayat, who died-in-harness on 15.02.2007. The pension Payment Order was issued in favour of the petitioner on 23.05.2011. The petitioner received the arrear pension on 30.06.2011.

The grievance of the petitioner is that interest on delayed payment of arrear pension has not been paid. Similar orders have already been passed by this Court, by which retired employees were granted interest for delayed payment of arrear pension.

Gratuity and pension are no longer a bounty to be handed out by the State at its whim. An employee has a right to receive gratuity and pension as also interest on delayed payment of the same.

The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 8% per annum on the arrear pension amount from the date of death till the actual date of disbursement. Such payment is to be made within three months from the date of communication of the certified copy of this order to the concerned authorities.

Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court. With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis. (Shampa Sarkar, J.)