Bibhuti Bhusan Ray v. State Of West Bengal And ORS.

12.06.2023.

Ct. 3 skc In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side WPA 238 of 2023 Bibhuti Bhusan Ray -versusState of West Bengal & Ors.

Mr. Hirak Barman,Adv.

Ms. Bedasruti Bose,Adv.

...for State.

Affidavit of service filed by the petitioner is kept with record.

The petitioner was retired from service on 31st January, 2016. In the meantime ROPA Rule was implemented with effect from 1st January, 2019 and the PPO was issued on 2nd February, 2016. Subsequently, on 15.12.2021 the PPO was revised and actual payment was made on 16.12.2021.

The petitioner prayed for interest on gratuity with effect from 31st January, 2016 till 16.12.2021 as well as an arrears of pension from 31.12.2016 till 16.12.2021.

Considered the submission made by the learned Counsel for the petitioner, this Court finds that there is a delay of about five

years in releasing gratuity and pension of the petitioner. The petitioner is entitled to get interest at the rate of 10 per cent on gratuity amount with effect from 31st January, 2016 till 16.12.2021 as well as on arrears of pension with effect from 31st January, till 16.1.2021.

The respondent nos. 2 and 3 are directed to release the interest on gratuity as well as on arrears of pension to the petitioner within four weeks from the date of receipt of copy of the order.

WPA No. 238/2023 is thus disposed of.

(Krishna Rao, J.)