Nirmal Chandra Sarkar v. The State Of West Bengal And ORS

24 07.08.2023 jb.

Jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1599 of 2023 Nirmal Chandra Sarkar

Versus

State of West Bengal & Ors.

Mr. Debajit Kundu ...for the Petitioner Mr. Subir Saha Mr. Pretom Das ...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 Head Teacher of a Basic School and superannuated on 31st October, 2018. Pension payment order was issued in favour of the petitioner on 1st October, 2018. Subsequently there was a revision of the pension and gratuity amount payable to the petitioner under the ROPA Rules, 2019 and revised pension payment order was issued on 25th June, 2021. The revised gratuity and arrear pension were disbursed in favour of the petitioner only on 25th July, 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, Dinhata are directed to pay interest to the petitioner at the rate of 8% per annum on the revised gratuity and arrear pension 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)