Mazibar Rahaman 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 3237 of 2022 Mazibar Rahaman Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

For the State : Mr. Subir Kumar Saha, AGP., Mr. Bedashruti Bose, Adv.

Heard & Judgment On : 1st February, 2023.

Affidavit of service is taken on record.

The petitioner was an approved Assistant Teacher of Talukertari Joymati Primary School in the district of Alipurduar. He retired from service on 31st December, 2019. After his retirement he received pension payment order on 22nd December, 2022 and gratuity and arrear pension was disbursed by the respondent in favour of the petitioner on 8th January, 2021. However, the respondents failed to pay interest on delayed payment of gratuity and arrear pension. 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.)