Disposed

Alpana Malik v. State of West Bengal and Ors.

Calcutta HC16 Jun 2022WPA/10407/2022

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What is this about?

In this writ petition, the petitioner, a retired Assistant Teacher, sought interest on delayed payment of revised gratuity and arrear pension under ROPA Rules, 2019. The Court directed the relevant authorities to pay 8% interest per annum from February 14, 2020, and disposed of the petition.

What did the court decide?

Directed Director of Pension to pay interest at 8% per annum on revised gratuity and arrear pension from 14.02.2020 within eight weeks.

Alpana Malik Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2022)

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16.06.2022 Sl. No.244 pk

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W.P.A. 10407 of 2022

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Alpana Malik -VsThe State of West Bengal & Ors.

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Ms. B. B. Maiti

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… for the petitioner

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Ms. Tuli Sinha … for the State.

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Affidavit of service filed in court today is kept with the record.

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The petitioner was an Assistant Teacher of a High School, who retired on 30.09.2018. The first pension payment order was issued on 28.03.2019. Under the ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 31.01.2021 and the revised gratuity and revised arrear pension amount was disbursed on 22.02.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised gratuity and revised arrear pension amount.

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There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither parties have suffered due to this delay. It is the submission of the petitioner that accordingly the petition should be allowed.

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The petitioner relies upon an order in W.P. 17557 (W) of 2017 (Narayan Chandra Saha vs. State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgment in the case of Union of India vs. Tarsem Singh, reported in (2008) 8 SCC 648 on the issue of limitation relating to payment or refixation of

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pay or pension wherein the Apex Court had held that relief may be granted in spite of delay as it does not affect the rights of the third party.

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In view of the above and after hearing the learned Counsel for the parties, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the petitioner @ 8% per annum on the revised gratuity and revised arrear pension calculated on and from 14.02.2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

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With these observations, the writ petition is disposed of.

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Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

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There will be no order as to costs.

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

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(Rajasekhar Mantha, J.)

Alpana Malik v. State of West Bengal and Ors.

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Alpana Malik v. State of West Bengal and Ors.

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