Amrita Tamang 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. 768 of 2023 Amrita Tamang -versusThe State of West Bengal & Ors.

...For the Petitioner Mr. Debjit Kundu ...For Petitioner Mr. Hirak Barman Mr. Pretom Das ... For the State Affidavit of service filed in Court today, is taken on record.

The husband of the petitioner was an approved Assistant Teacher at Sukhia Pokhari Primary School, District - Darjeeling. He had retired from his employment on 31.12.2017 and died on 07.3.2021.

The Pension Payment Order was issued by the concerned respondent on 07.08.2008 and ROPA part was issued on 30.8.2013.

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. 73-SE(B) IM-4/2009 dated May 19, 2009 and the revised

Pension Payment Order of the petitioner under ROPA, 2009 was issued on 30.8.2013.

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

Mr. Hirak Barman, learned advocate appears for the 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 768 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.)