Allowed

Chhabi Das (Patra) v. State of West Bengal and Ors.

Calcutta HC17 Jan 2023WPA/24669/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a retired Assistant Teacher seeking interest on delayed revised gratuity and arrear pension under ROPA Rules, 2019. The court directed the respondents to pay 8% per annum interest and issue the amounts within twelve weeks.

What did the court decide?

Directed respondents to pay 8% interest per annum on revised gratuity and arrear pension from February 14, 2020, and disburse the amount within twelve weeks.

Chhabi Das (Patra) Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2023)

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17.01.2023 Item No.126 Court No.18 P.Jana.

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W.P.A. 24669 of 2022 Chhabi Das (Patra)

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-Vs-

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The State of West Bengal & Ors. Mr. Banshi Badan Maity, ……for the petitioner. Mr. Rabindra Nath Chakraborty, … for the State. 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 her said service on superannuation on October 31, 2018.

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The first pension payment order of the petitioner was issued on October 15, 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 December 10, 2020, in terms of the said revised pension payment order, the petitioner received the arrear pension and gratuity on January 04, 2021.

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The petitioner in the instant writ petition is claiming that she 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. 24669 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.)

Chhabi Das (Patra) v. State of West Bengal and Ors.

Case brief

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Chhabi Das (Patra) v. State of West Bengal and Ors.

Case brief

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What the court decided

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