Barsha Mukhia (Gurung) v. The State Of West Bengal And ORS

88 07.08.2023 A.P.

Jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1757 of 2023 Barsha Mukhia (Gurung)

Versus

The State of West Bengal & Ors.

Mr. Debarshi Dhar ...for the Petitioner Mr. Hirak Barman Ms. Bedashruti Das ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

The husband of the petitioner was appointed as Head Teacher of a Primary School and died in harness on 1st February, 2018. Pension payment order was issued in favour of the petitioner on 28th September, 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 16th December, 2021. The revised gratuity and arrear pension were disbursed in favour of the petitioner only on 24th December, 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, Darjeeling 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 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)