Abid Hussain v. State Of West Bengal And ORS.

32 20.01.2023 Sc Ct. no.22 WPA 28789 OF 2022 -------------- Abid Hussain Vs.

The State of West Bengal & Ors.

Mr. Kalyan Kumar Panda ....For Petitioner Mr. Samsul Kabir Humayan Reza .....For the State Affidavit-of-service, filed in Court, is taken on record.

The petitioner was an approved Clerk at The Adabi Society High Madrasah, District - Hooghly. He had retired from his employment on January 31, 2017. The Pension Payment Order was issued by the concerned respondent on January 25, 2017 and ROPA part was issued on October 3, 2021. The petitioner was entitled to pensionary benefit from the date of retirement, the same was not paid.

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 October 3, 2021 at page 9 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. Samsul Kabir Humayan Reza appears for the State.

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 and on arrear pension @ 8% per annum on and from the date of retirement 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 28789 of 2022 stands disposed of, without any order as to costs.

Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)