Jitendra Chandra Datta v. The State Of West Bengal And ORS

05.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 662 of 2023 Jitendra Chandra Datta -versusThe State of West Bengal & Ors.

Mr. Debjit Kundu ...For Petitioner Mr. Subir Kumar Saha, Ld. A.G.P.

Mr. Pretom Das ... For the State Affidavit of service filed in Court today, is taken on record.

The petitioner was an approved Assistant Teacher at Salsala Bari No. 1, B.F. Primary School, District - Alipurduar. He had retired from his employment on 31.07.2008.

The Pension Payment Order was issued by the concerned respondent on 15.07.2008 and ROPA part was issued on 06.03.2013.

Under ROPA Rules, 2009, there was a revision of Pension, Gratuity and computation of Pension of the pensioners under the Government Notification/Memorandum bearing No.

73SE(B)IM-4/2009 dated May 19, 2009 and the revised Pension Payment Order of the petitioner under ROPA, 2009 was issued on 06.03.2013.

The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from May 19, 2009.

Mr. Saha, learned A.G.P. appeared for the State /respondents.

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 entitle 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 May 19, 2009 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 662 of 2023 stands disposed of, without any order as to costs.

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

(ANIRUDDHA ROY, J.)