Malati Adhikari v. The State Of West Bengal And ORS

07.08.2023 Ct. No.2 b.das

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1672 of 2023 Malati Adhikari Vs.

The State of W.B. & Ors.

Mr. Debajit Kundu ...for the petitioner.

Mr. Hirak Barman Ms. B. Bose ..for the State.

Affidavit of service filed by the petitioner is taken on record.

Heard learned counsels for the parties.

The husband of the petitioner was appointed an assistant teacher of a high school and superannuated on 31st July, 2016 and died on 29th January, 2017. Pension payment order was issued in favour of the husband of the petitioner on 21st July, 2016. Subsequently there was a revision of the pension and gratuity amount payable to the husband of the petitioner under the ROPA Rules, 2019 and revised pension payment order was issued on 14th January, 2022. The revised gratuity and arrear pension were disbursed in favour of the husband of the petitioner only on 17th January, 2022. 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, Dinhata 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 the writ petition is disposed of.

However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)