Lakshmi Kanta Roy v. The State Of West Bengal And ORS.

04.08.2023 A.P.

Item No.48

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1685 of 2023 Mr. Deborshi Dhar ...for the Petitioner Mr. Hirak Barman Mr. Pretom Das ...for the State Affidavit of service filed in Court today is taken on record.

The petitioner was appointed as an Assistant teacher of Junior Basic School and superannuated on 31st March, 2017. The pension payment order was issued on 08th March, 2017. 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 24th September, 2021. The revised gratuity amount was disbursed in favour of the petitioner only on 5th October, 2021. 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, Coochbehar-II 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)