Mihir Kumar Sarkar v. The State Of West Bengal And ORS

10.06.2022 jb.

Item No.166

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1230 of 2022 Mihir Kumar Sarkar

Versus

The State of West Bengal & Ors.

Mr. Debarshee Dhar ...for the Petitioner Mr. Subir Kumar Saha ...for the State Affidavit of service filed in Court today is taken on record.

The petitioner was appointed as Head Teacher of a High School and superannuated on 30.11.2018. The pension payment order was issued on 02.11.2018. Subsequently, there was a revision of the pension and the gratuity amount payable to the petitioner under the ROPA Rules, 2019 and revised pension payment order was issued on 08.01.2021 The revised gratuity amount was disbursed in favour of the petitioner only on 02.03.2021. The petitioner claims interest on delayed payment of the revised gratuity amount.

Upon consideration of the submission made on behalf of the parties and material on record, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the Treasury Officer, Jalpaiguri-II are directed to pay interest to the petitioner

@ 8% per annum on the revised gratuity amount calculated from 01.12.2018 till the date of actual payment of the amount. Such payment be made within one month from the date of communication of this order. With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)