Calcutta High CourtWPA/3012/2022disposed

Dipak Kumar Das v. The State Of West Bengal And ORS

2022-12-05Hon'Ble Justice Shekhar B. Saraf2 pages

05.12 Ct. No. 1 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 3012 of 2022 Dipak Kumr Das -VersusThe State of West Bengal & Ors.

Mr. Krishna Pada Santra ...For the Petitioner Mr. Hirak Barman Mr. Pretom Das ...For the State Respondents Affidavit of service filed in Court today be taken on akb record.

The petitioner was a teacher of a school, who retired from service on 28.02.2018. The pension Payment Order was first issued in favour of the petitioner on 16.3.2018 and after introduction of ROPA, 2019, revised pension payment order was issued on 31.12.2020. The petitioner received the retirement benefits on 05.3.2021 on the basis of ROPA 2019.

Upon considering order of the Hon'ble Division Bench of this Court dated August 14, 2013 in MAT 1118 of 2013 read with the circular dated June 25, 2002 issued by the Joint Director of Treasuries and Accounts, West Bengal, there cannot be any dispute with regard to the entitlement of interest on delayed payment of revised gratuity and revised arrear pension. Thus, in this case as well, the same principle will apply.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on the revised gratuity and revised arrear pension @ 8% per annum from the date of entitlement, to the revised arrear pension and revised gratuity as per ROPA, 2019 till the date of actual payment of the revised gratuity and revised arrear

pension. Such payment shall be made within 12 weeks from the date of service of an authenticated copy of this order. Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court. With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis.. ( Shekhar B. Saraf, J.)