Sk Estahar Ahmed v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 25047 of 2022 Sk. Estahar Ahmed VS The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das ...... for the petitioner Mr. Pinaki Dhole Mr. Avisek Prasad .......For the State Affidavit of service filed in Court today, is Court No. 22 14.12.2022 (Item No. 03) (AB) taken on record.

The petitioner was an approved Assistant Teacher at Nimdighi High Madrasah, District - Howrah. He had retired from his employment on October 31, 2017.

The pension payment order was issued by the concerned respondent on January 9, 2019 and ROPA part was issued on January 9, 2021.

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.

53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on March 10, 2022 at page 12 to the writ petition.

The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from February 14, 2020.

Mr. Pinaki Dhole, 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 on and from February 14, 2020 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 25047 of 2022 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.)