Disposed

Himangshu Sarkar v. State of West Bengal& Ors.

Calcutta HC7 Apr 2021WPA/4211/2008

Case brief

AI extract

What is this about?

The High Court directed the CSTC to issue a Pension Payment Order within two weeks and pay admitted arrears of Rs.5,48,627/- along with 7% annual interest from the date of superannuation, rejecting the corporation's argument for a later interest start date.

What did the court decide?

Direction to issue PPO within two weeks and pay arrears with 7% interest from superannuation date.

Himangshu Sarkar Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2021)

¶1

07.04.2021 Ct. No.13 Sl. No.374 akd

¶2

W.P.A. 4211 of 2008 [via video conference]

¶3

[Himangshu Sarkar -Vs- The State of West Bengal & Ors.]

¶4

Mr. Debajyoti Basu Mr. Rahul Sarkar Ms. Dipika Sarkar Mr. Rishav Das … … for the petitioner Mr. Amal Kr. Sen Mr. Sabyasachi Mondal … … for the CSTC

¶5

The Calcutta State Transport Corporation (CSTC) has prepared a detailed calculation of the pension payable to the petitioner. Year wise revisions and the petitioner’s entitlement thereupon has also been set out in a chart. After deducting any arrears paid to the petitioner, a sum of Rs.5,48,627/- has been arrived at as due and payable to the petitioner upto 28^th February, 2021. The total pension payable to the petitioner as on date is Rs.12,554/-. A copy of the calculation sheet along with the sanctioned arrear of pension has been produced before this court.

¶6

Although by order dated 12^th March, 2021, this Court directed the CSTC to issue the PPO, the same does not appear to have been issued.

¶7

It is, therefore, directed that the PPO be issued to the petitioner within two weeks from date. The admitted arrears, as indicated hereinabove, shall be paid to the petitioner together with interest at the rate of 7% per annum on and from the date of super-annuation till the date of actual payment. The interest has

¶8

¶9

been directed to be applied from the date of super-anuation on the said sum of Rs.5,48,627/- despite the fact that certain ROPA revisions were allowed in the CSTC with effect from 2011, in view of the fact that the petitioner has not received due pension within a month of his super-annuation.

¶10

The submission of Mr. Amal Kr. Sen, learned counsel for the CSTC that interest should not be awarded against his client in favour of the petitioner from the date of super-annuation but only from the date of accrual of the revisions, is rejected.

¶11

It is directed that the arrears and interest should be released to the petitioner within three weeks from date.

¶12

With the aforesaid observations, the writ petition is disposed of.

¶13

There shall be no order as to costs.

¶14

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

¶15

(Rajasekhar Mantha, J.)

Himangshu Sarkar v. State of West Bengal& Ors.

Case brief

What is this about?

What did the court decide?

Himangshu Sarkar v. State of West Bengal& Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Wali Ahamd @ Ahmad Oly Vs Ravi Gupta & Ors.

Sanjib Bera Vs the State of West Bengal and Ors.

Shibani Bauri Vs State of West Bengal and Ors.

Sanatan Sarkar Vs State of West Bengal and Ors.

Sabiruddin Sana Vs State of West Bengal and Ors.

Abhijit Das Vs State of West Bengal and Ors.