Gopal Chandra Sarkar v. The State Of West Bengal And ORS

25.02.2020.

d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 492 of 2020 Gopal Chandra Sarkar -versus The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya).

...For the Petitioner.

Mr. Hirak Barman, Ms. Bedashruti Bose.

...For the State.

The petitioner was serving as College Lecturer. He retired from service on 31.01.2002. The first pension payment order was issued on 09.10.2002 and the arrear pension was disbursed on 07.08.2003.

There was a revision of pay of the pension and gratuity amount payable to the petitioner. The revised Memo was issued on 27.06.2013 and the arrear revised pension was disbursed on 01.11.2013. The petitioner claims interest on delayed payment of gratuity and pension as well as revised arrear pension.

I have heard learned counsel for the parties and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral dues is

delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it was the bounden duty of the State to disburse the pension and revised pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. In view of the aforesaid, I direct the Director of Public Instruction, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 9% per annum on the gratuity and pension amount from the next date of retirement till the date of actual payment and also to pay interest to the writ petitioner @ 9% per annum on the revised arrear pension calculated on and from the due date till the date of actual payment.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

W.P.A. 492 of 2020 is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)