Golapi Baraik v. The State Of West Bengal And ORS
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
WPA 822 OF 2023 10 13.4.2023 Sc Ct. no.2 -------------- Golapi Baraik Vs.
State of West Bengal & Ors.
Mr. Krishnapada Santra ....For Petitioner Mr. Hirak Barman Mr. Pretom Das.
....For the State Affidavit-of-service, filed in Court, is taken on record.
Mr. Hirak Barman, learned counsel appeared for the State.
This writ petition was filed by the widow of the deceased employee, namely, Prabhu Baraik was an Assistant Teacher of the relevant School stated hereinafter. From the document at pages 14 and 15 to the writ petition it appears that the deceased employee died-in-harness on 19.8.2017, and the present petitioner being the wife of the deceased employee had already received the revised gratuity amount and the allied benefits of her deceased husband.
The husband of the petitioner was an approved Assistant Teacher at Betguri Chaiti T.
G. Primary School, District - Jalpaiguri. He had died-in-harness on 19.8.2017.
The Pension Payment Order was issued by the concerned respondent on 26.6.2019 and ROPA part was issued on 18.12.2020.
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 18.12.2020.
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 822 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.)