Tara Lhamu Lama v. The State Of West Bengal And ORS

11.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 763 of 2023 Tara Lhamu lama -versusThe State of West Bengal & Ors.

Mr. Debajit Kundu ...For the Petitioner Mr. Subir Kumar Saha Mr. Momenur Rahman ... For the State Affidavit-of-service, filed in Court, is taken on record.

The husband of the petitioner was an approved Assistant Teacher at Sukhia Pokhari High School, P.O. Sukhari, District- Darjeeling. He had retired from his employment on 31.03.2017 and died on 26.02.2018.

The Pension Payment Order was issued by the concerned respondent on 29.03.2017 and ROPA part was issued on 15.02.2022.

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/10M99/2019 dated February 14, 2020 and the revised Pension Payment Order of the petitioner under

ROPA, 2019 was issued on 15.02.2022 at page 12 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.

Ms. Anima Das Chakraborty, learned advocate appears 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 on 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 763 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.)