Pradip Kumar Ghosh v. The State Of West Bengal And ORS

12.03.2020 b.das Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 647 of 2020 Pradip Kr. Ghosh -versusThe State of West Bengal & Ors.

Mr.Sabita Khutia (Bhunia) ...for the petitioner. Mr. Bikramaditya Ghosh Mr. Momenur Rahaman ..for the State.

Affidavit of service filed by the learned Advocate for the petitioners in court today be taken on record. The petitioner was an assistant teacher of a Secondary School and retired from service on 31.08.2008. The grievance of the petitioner is that his first Pension Payment order was issued on 25.09.2008 and revised pension payment order in terms of ROPA 1998 was issued on 08.08.2011. He received arrear pension on 17.01.2012. The petitioner claims interest on delayed payment of the gratuity and arrear pension. A number of judgments and orders passed by the different co-ordinate Benches of this Court have been placed, whereby interest had been awarded for delayed payment of gratuity and arrear pension.

It has been held that an employee is legally entitled to get his pensionary benefits including gratuity in due time and for the belated payment of gratuity and the authorities responsible for such belated payment are bound to pay interest thereon.

The doctrine of comity of Court requires that a coordinate bench should take consistent and uniform approach towards administration of justice to ensure judicial discipline and certainty.

It is just and proper that the respondents should be directed to pay the petitioner interest on delayed payment of gratuity and arrear pension at the rate of 8% per annum from the date when such amount was payable till the date of actual payment.

Such payment should be made to the petitioner within a period of six weeks from the date of communication of this order.

The writ petition is disposed of without any order as to costs.

Urgent certified Photostat copy of this order, if applied for, be supplied expeditiously to the learned Advocates appearing for the parties on compliance of requisite formalities.

(Kausik Chanda, J.)