Ganesh Chandra Roy Lohar v. State Of West Bengal And ORS.

15.12 Ct.

No.

akb W.P.A. 26830 of 2022 Ganesh Chandra Roy (Lohar) -VersusThe State of West Bengal & Ors.

Mr. Souri Ghosal Mr. Prabhat Kumar Singh ...For the Petitioner Ms. Mitali Mukherjee ...For the Respondents Affidavit-of-Service filed on behalf of the petitioner be taken on record.

The petitioner retired from service as Junior Library Attendant of Daulatpur Charitra Srijani Yuba Sangha Pathagar, Malda on 31st January, 2020 on superannuation. The first Pension Payment Order was issued by the respondent No. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal on 8th October, 2020 sanctioning the amount of pension, gratuity and arrear pension payable to him. But, he did not receive all of his pensionary benefits immediately thereafter. Ultimately, on 2nd December, 2020 the petitioner received a sum of Rs.3,26,360/- on account of his retiral benefits including gratuity. Because of the delayed disbursement of the pensionary benefits, the petitioner is entitled to get interest thereon. Under such circumstances, the petitioner seeks direction upon the respondents to disburse the interest amount towards delayed payment of gratuity and arrear pension to him.

Learned Counsel appearing for the petitioner submits that getting the pensionary benefits is the legal right of the petitioner and pensionary amount is his property. He further submits that had the petitioner received his pensionary benefits in time, the amount, which he would have received, would carry interest at the market price.

From a document annexed to this writ petition at page 17 it appears that the petitioner received his arrear pensionary benefits including gratuity on 2nd December, 2020. He retired from services on 31st January, 2020. This shows that there was a delay in disbursing his pensionary dues.

It is now a settled proposition of law that to grant pensionary benefit to an employee, who retires from service giving his everyday to employer is not the bounty of the Government. Pensionary benefit is the property of an employee, who retires from service.

Having heard the learned Counsels appearing for the parties and on consideration of the materials placed on record, I find that the writ petition has merit to succeed. Accordingly, the writ petition is allowed.

The respondents are directed to pay interest at the rate of 6% p.a. on the delayed payment of pensionary benefits and gratuity to the petitioner from the date of his retirement on 31st January, 2020 till the amount is paid to him.

With the above direction, the writ petition is disposed of.

Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

All parties shall act on the server copies of this

order duly downloaded from the official website of this Court.

Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities, on priority basis.

( Rabindranath Samanta, J.)