Bijaya Mondal Biswas v. State Of West Bengal And ORS.

01.12.2022 Item No.43 Court No.18 P.Jana.

W.P.A. 26151 of 2022 Bijaya Mondal (Biswas) -Vs- The State of West Bengal & Ors.

Mr. Dilip Kumar Maiti, ......for the petitioner.

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

In spite of service, none appears on behalf of the State-respondents.

The husband of the petitioner was an approved Assistant Teacher of a secondary school and died in harness on July 15, 2016.

The first pension payment order of the employee concerned was issued on June 27, 2017.

Under the ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the employee concerned 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 March 07, 2022, in terms of the said revised pension payment order, the petitioner received the arrear family pension and gratuity on March 8, 2022.

The petitioner in the instant writ petition is claiming that she is entitled to interest for the delayed payment of the said gratuity and arrear 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 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 arrear 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. 26151 of 2022 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.)