Rash Behari Sarkar v. State Of West Bengal And ORS.

23-12-2022 Item No.12 Subrata Bhattacharyya

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.28225 of 2022 Rash Behari Sarkar -vsThe State of West Bengal & Ors.

Mr. Sandip Ghosh ...for the petitioner Ms. Bineeta Bhattacharjee ...for the State The writ petitioner retired from service on superannuation as a librarian of Dathigrarm Sadharam Pathagar, Purba Bardhaman on August 31, 2016. After his retirement, the first pension payment order was issued by the authority concerned on September 21, 2016.

Thereafter, when ROPA 2019 came into force on September 16, 2020, the revised pension payment order was issued on February 22, 2022.

The petitioner's case is that though ROPA 2019 was implemented on September 16, 2020, he received the pensionary benefits in terms of the revised pension payment order on March 8, 2022. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of gratuity and arrear pension. Having heard learned counsels appearing for the respective parties an on consideration of the documents annexed to the writ petition, I feel that the writ petition may be disposed of by passing the following direction. Accordingly, the concerned respondent, especially the third respondent - the Treasury Officer, Kalna, Purba Bardhaman - is directed to pay interest at the rate of 6%

p.a. on the delayed payment of gratuity and arrear pension from September 16, 2020 till the date of final payment, within six weeks from the date of communication of this order.

With the aforesaid direction, WPA No.28225 of 2022 stands disposed of. No order as to costs.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. Certified copy of this order, if applied for, shall be made available to the parties.

[Rabindranath Samanta, J]