Allowed

Sukumar Pal v. State of West Bengal and Ors.

Calcutta HC31 Oct 2022WPA/15919/2022

Case brief

AI extract

What is this about?

The Court held that an ex-serviceman entitled to interest on delayed pension and gratuity under ROPA Rules, 2019. The Director of Pension was directed to pay 8% interest from February 14, 2020, with a penalty for default.

What did the court decide?

Directing the respondents to pay interest at 8% per annum on revised gratuity and arrear pension from February 14, 2020, till payment.

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

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31.10.2022 Item No.47 Court No.18 AJ.

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W.P.A. 15919 of 2022

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Sukumar Pal

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-Vs-

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The State of West Bengal & Ors.

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Mr. Arun Khutia.

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……for the petitioner. Ms. Sujata Ghosh.

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……for the State.

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Affidavit-of-service filed by the learned advocate

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for the petitioner be kept with the record.

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The petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation August 31, 2018.

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The first pension payment order of the petitioner was issued on September 18, 2018.

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Under the ROPA Rules, 2019, there was revision of the pension, gratuity and computation of pension of the pensioners vide Memorandum of the Government of West Bengal bearing No. 53/ES/P/P&B/10M-99/2019 dated February 14, 2020 and the revised pension payment order of the petitioner under ROPA, 2019 was issued on September 14, 2021 and in terms thereof, the petitioner received the arrear pension and gratuity on September 15, 2021.

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The petitioner in the instant writ petition is claiming that he is entitled to interest for the delayed payment of the said gratuity and arrear pension and is praying issuance of writ of mandamus commanding the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer, the respondents herein, to pay such interest.

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Learned Advocate for the State respondents does not oppose the prayer of the petitioner.

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It is now well settled that the petitioner is entitled to the interest, as prayed for.

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The aforementioned respondents are, therefore directed to pay interest on the revised gratuity and arrear pension @ 8% per annum from the date of notification of the aforesaid Government order i.e. February 14, 2020 till the date of payment of revised gratuity and arrear pension in terms of the said revised Pension payment order.

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The payment, as aforesaid, shall be made within a period of twelve weeks from the date of communication of this order, in default, the said arrears amount shall fetch an additional interest of 2% per annum.

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W.P.A. 15919 of 2022 stands disposed of with the above directions. There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

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(Biswajit Basu, J.)

Sukumar Pal v. State of West Bengal and Ors.

Case brief

What is this about?

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Sukumar Pal v. State of West Bengal and Ors.

Case brief

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What the court decided

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