Nirmal Kumar De 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. 1727 of 2023 Nirmal Kumar De Vs.

The State of W.B. & Ors.

Mr. Anirban Chakraborty ...for the petitioner.

Mr. Bikramaditya Ghosh Mr. M. Rahman ..for the State.

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

Heard learned counsels for the parties.

The petitioner was appointed as an assistant teacher of a school superannuated on 31st May, 2017. Pension payment order was issued in favour of the petitioner on 22nd May, 2017. 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 26th March, 2021. The revised gratuity and arrear pension were disbursed in favour of the petitioner only on 5th April, 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, Cooch Behar-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 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.)