Sandhya Sarkar v. The State Of West Bengal And ORS

S/L 77 19.05.2025 Court No.2 (Susanta) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 1101 of 2025 Sandhya Sarkar -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty, .... For the Petitioner.

Mr. Hirak Barman, Ms. Rima Sarkar, .... For the State.

Affidavit-of-service filed by the learned advocate for the petitioners be kept with the record.

The husband of the petitioner was an approved Assistant Teacher of a Secondary sechool, who diedin-harness on November 21, 2006. The first Pension Payment Order of the employee concerned was issued on April 03, 2009. Under the ROPA Rules, 2009, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No.

73/SE(B)/JM-4/2009 dated May 19, 2009 and the revised pension payment order of the employee concerned under ROPA, 2009 was issued on February 09, 2012, in terms of the the arrear amount pension and gratuity was disbursed on March 04, 2012.

The petitioner in the instant writ petition is claiming that she is entitled to interest for the delayed payment of the said gratuity and arrear

pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer, the respondents herein, to pay such interest.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. It is now well settled that the petitioner is entitled to the interest, as prayed for.

The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and arrear family pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. May 19, 2009 till the date of payment of revised gratuity and arrear family pension in terms of the said revised Pension payment order.

The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.

W.P.A 1101 of 2025 stands disposed of with the above directions. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)