Umesh Chandra Adhikary v. The State Of West Bengal And ORS

Form J(1) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Constitutional Writ Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri WPA 3225 of 2022 Umesh Chandra Adhikary Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

For the State : Mr. Hirak Barman, Adv., Mr. Momenur Rahaman, Adv.

Heard & Judgment On : 1st February, 2023.

Affidavit of service is taken on record.

The petitioner was an approved Assistant Teacher of Uttar Ambari Balabari 5th Fplan Primary School in the district of Coochbehar. After discharging continuous service for about 33 years he retired from service with effect from 30th September, 2017. It is stated by the petitioner that after her retirement she received his pension payment order on 30th September, 2017. Subsequently, however, he received revised pension payment order only o 16th December, 2021 as per ROPA 2019. Thereafter, he received gratuity and arrear pension amount on

17th December, 2021 but unfortunately no interest has been paid for delayed payment as yet.

Learned Advocate for the respondents has not opposed the prayer of the petitioner.

In view of the above and after hearing the learned Advocates for the parties, I direct the Directorate of Pension, Provident Fund and Group Insurance, West Bengal and also the concerned treasury officer to pay interest to the petitioner at the rate of 8.5% per annum on the gratuity and arrear pension amount calculated from the date when ROPA 2019 came into force till the date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

This writ petition is accordingly disposed of without however, any order as to costs.

The parties are directed to act on the server copy of this order. (Bibek Chaudhuri, J.)