Bulbul Islam 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 3235 of 2022 Bulbul Islam Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

For the State : Mr. Subir Kumar Saha, AGP., 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 Madhya Parokata Jr. Basic Primary School in the district of Alipurduar. He retired from service on 29th February, 2020. After his retirement pension payment order was issued by the respondent No.2 on 8th September, 2020 and on 15th September, 2020 the gratuity and arrear pension amount was disbursed in favour of the petitioner. The petitioner requested the respondent to pay interest on delayed payment of gratuity

and arrear pension amount but they did not pay any heed to pay. So is the instant writ application.

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.)