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

13.06.2022 b.das Item No.134

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1291 of 2022 Kanak Kumar Sarkar

Versus

The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ...for the Petitioner Mr. Subir Kr. Saha ...for the State Affidavit of service filed in Court today is taken on record.

The petitioner was appointed as an Assistant Teacher of a Primary School and superannuated on 31.07.2017. The pension payment order was issued on 10.07.2017. 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 16.08.2021. The revised gratuity amount and arrear pension was disbursed in favour of the petitioner only on 01.09.2021. The petitioner claims interest on delayed payment of the revised gratuity amount and arrear pension.

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,

Cooch Behar-II are directed to pay interest to the petitioner @ 8% per annum on the revised gratuity and arrear pension amount calculated from 01.08.2017 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)