Allowed

Basanti Das v. State of West Bengal and Ors.

Calcutta HC19 Jan 2023WPA/26766/2022

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What is this about?

The court allowed a writ petition filed by a retired Group-D school staff member seeking interest on delayed payments of revised pension and gratuity under ROPA Rules 2019. Held that petitioner is entitled to 8% annual interest from February 14, 2020, with an additional 2% for non-compliance within twelve weeks.

What did the court decide?

Directed respondents to pay interest @ 8% p.a. from Feb 14, 2020 on revised gratuity and arrear pension; additional 2% p.a. if not paid within 12 weeks.

Basanti Das Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2023)

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19.01.2023 (D/L-68) Ct.-18 (Susanta)

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W.P.A. 26766 of 2022 Basanti Das

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-Vs-

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The State of West Bengal & Ors. Mr. Krishna Pada Santra,

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.… For the Petitioner. Mr. Pranab Halder,

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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 Group-D Staff of a secondary school and retired from her said service on superannuation on September 30, 2019.

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The first pension payment order of the petitioner was issued on May 06, 2020.

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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 May 22, 2021, in terms thereof, the petitioner received the arrear pension and gratuity on May 27, 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 26766 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.)

Basanti Das v. State of West Bengal and Ors.

Case brief

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Basanti Das v. State of West Bengal and Ors.

Case brief

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