Sukhen Ganguly v. The Champdany Municipality

Ct-24 ar 17.12.2020 WPA 10370 of 2020 Sri Sukhen Ganguly Vs.

The Champdany Municipality & Ors.

Mr. Partha Sarkar Mr. Abhijit Basu ... For the Petitioner Mr. Ayan Banerjee Mr. Soumo Chaudhury ... For the Champdany Municipality None appears on behalf of the Respondent no. 4, the Director of Pension, Provident Fund and General Insurance despite service.

The petitioner retired from his service of the Champdany Municipality on attaining his normal age of superannuation on 27th December, 2018. The Pension Payment Order was issued in favour of the petitioner on 12th February, 2020 but the amount of gratuity and other dues, as mentioned in the P.P.O, was not disbursed in his favour on the ground of non-availability of fund.

It has been submitted that the current pension has however been paid to the petitioner but the arrear pension is yet to be disbursed in his favour.

The respondent nos. 1, 2 and 3 are directed to take immediate steps for releasing the dues of the petitioner, as mentioned in the P.P.O, within a period of six months from the date of communication of a copy of this order.

As the money was due and payable to the petitioner immediately after his retirement and there has been an inordinate delay on the part of the respondent in releasing the said dues, the petitioner shall be entitled to receive the dues

along with interest. The dues of the petitioner shall be paid along with interest at the rate of 4% per annum to be calculated from the date of its accrual till the date of actual payment.

WPA 10370 of 2020 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

(Amrita Sinha, J.)