Calcutta High CourtWPA/28467/2022disposed

Deb Kumar Pradhan v. State Of West Bengal And ORS.

2023-01-03Hon'Ble Justice Shampa Sarkar2 pages

03.01.2023 SL. No.66(ML) Court No.19 srm W.P.A. No. 28467 of 2022 Deb Kumar Pradhan

Versus

The State of West Bengal & Ors.

Mr. Pradip Paul ...for the Petitioner.

Affidavit of service filed in Court today is taken on record. Despite service, none appears on behalf of the respondents.

The petitioner was an Executive Assistant of Rishi Gram Panchayat, District-South 24-Parganas, who retired from service on 31.01.2018. The pension Payment Order was first issued in favour of the petitioner on 16.01.2018 and after introduction of ROPA, 2019, revised pension payment order was issued on 01.03.2021. The petitioner received the retirement benefits on 03.03.2021 on the basis of ROPA 2019.

The grievance of the petitioner is that interest on the delayed payment of arrear pension and revised gratuity has not been paid.

Upon considering the order of the Hon'ble Division Bench of this Court dated August 14, 2013 in MAT 1118 of 2013 read with the circular dated June 25, 2002 issued by the Joint Director of Treasuries and Accounts, West Bengal, there cannot be any dispute with regard to the entitlement of interest on delayed payment of revised gratuity and

revised arrear pension. Thus, in this case as well, the same principle will apply.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on the revised arrear pension as also the revised gratuity @ 8% per annum from the date of entitlement, to the revised arrear pension and the revised gratuity as per ROPA, 2019 till the date of actual payment of the revised arrear pension and gratuity. Such payment shall be made within 12 weeks from the date of service of an authenticated copy of this order.

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.)