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

10 01.08.2023 jb.

Jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1573 of 2023 Asit Kumar Sarkar

Versus

State of West Bengal & Ors.

Mr. Debajit Kundu ...for the Petitioner Mr. Bikramaditya Ghosh Momenur Rahaman ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

The petitioner was appointed as Assistant teacher in Debnagar Junior Basic School and superannuated on 31st August, 2018. Pension payment order was issued in favour of the petitioner on 14th September, 2018. Subsequently there was a revision of the pension and gratuity amount payable to the petitioner under the ROPA Rules, 2019 with effect from 1st January, 2020 and revised pension payment order was issued on 4th January, 2021. The revised gratuity was disbursed in favour of the petitioner only on 8th January, 2021. The petitioner

claims interest on delayed payment of the revised gratuity and arrear pension 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 at the rate of 8% per annum on the revised gratuity and arrear pension amount calculated from 14th February, 2020 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 has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J)