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Calcutta High CourtWPA/1660/2023disposed

Kanaklata Barman @ Kanak Barman v. The State Of West Bengal And ORS.

2023-08-04Hon'Ble Justice Suvra Ghosh2 pages

04.08.2023 A.P.

Item No.29

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1660 of 2023 Mr. Debajit Kundu ...for the Petitioner Mr. Subir Kumar Saha Momenur Rahman ...for the State Affidavit of service filed in Court today is taken on record.

The husband of the petitioner was appointed as the Clerk of High School and superannuated on 31st August, 2016. The pension payment order was issued on 16th August, 2016. Subsequently, there was a revision of the pension and the gratuity amount payable to the petitioner under the ROPA -2019 and revised pension payment order was issued on 21st December, 2022. The revised gratuity amount was disbursed in favour of the petitioner only on 1st February, 2023. 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, Dinhata are directed to pay interest

to the petitioner @ 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, since ROPA -2019 has been given effect from 14th February, 2020. 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)