In a contempt and writ petition, the court clarified that the petitioner is entitled to 9% interest on arrear pension from November 1, 2010 until the Pension Payment Order date, directing the Treasury Officer to pay it within two weeks.
Treasury Officer directed to pay 9% interest on arrear pension from November 1, 2010 within a fortnight.
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19,20 12-04-2021 Court No. 6 ssi/sb
WPCRC 304 of 2019 With WPA 26162 of 2016
Kamala Singha -VsState of W.B. & ors.
Mr. Goutam Kr. Maity ……for the petitioner Mr. Bhaskar Prasad Vaisya Mr. Anirban Chattopadhyay …for the alleged contemnors
By an order dated November 24, 2016, WP 26162 (W) of 2016 was disposed of by directing the Treasury Officer, Tamluk to pay interest to the petitioner at the rate of 9 per cent per annum on the amount released in favour of the petitioner by way of pensionary benefits from the date of death of the petitioner’s husband till the actual date of payment.
Several appeals were preferred by the Director of Pension, Provident Fund and Group Insurance from several similar orders as above. A bunch of such appeals was disposed of by the Hon’ble Division Bench by an order dated March 24, 2021 clarifying that interest would be payable in such cases to the petitioner on the arrear pension from November 1, 2010 instead of June 15, 1990.
In view of the above, I dispose of this contempt application by clarifying that the petitioner shall be entitled to receive interest at the rate of 9 per cent
2
per annum on arrear pension from November 1, 2010 till the date of issuance of the Pension Payment Order. The Treasury Officer, Tamluk shall pay such interest to the petitioner within a fortnight from the date of communication of this order by the petitioner to such treasury officer.
Rule is discharged.
WPCRC 304 of 2019 is disposed of.
(Arijit Banerjee, J.)
2 issues framed by the court
Whether interest on arrear pension should be calculated from November 1, 2010 or an earlier date.
Whether a contempt petition should be disposed of by clarifying the rate and period of interest payable.
2 provisions across 2 enactments
Kamala Singha
State of W.B.
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
