Kalpana Das v. State Of West Bengal And ORS.

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

7 12.04.2023 WPA 461 OF 2023 Sc Ct. no.22 -------------- Kalpana Das Vs.

The State of West Bengal & Ors.

Ms. Arpita Saha ....For Petitioner Mr. Hirak Barman Mr. Momenur Rahman. .

....For the State Affidavit-of-service, filed in Court, is taken on record.

Mr. Hirak Barman, learned counsel appeared for the State.

The petitioner was an approved Head Master at Jhowkuthi C. S. Primary School, District - Cooch Behar. She had retired from employment on 30.9.2016.

The Pension Payment Order was issued by the concerned respondent on 26.9.2016 and ROPA part was issued on 15.12.2021.

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 15.12.2021 at page 14 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.

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 entitled 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 revised arrear pension @ 8% per annum on and from February 14, 2020 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 461 of 2023 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)