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Tapasi Goswami v. State of West Bengal and Ors.

Calcutta HC20 Jan 2023WPA/28108/2022

Case brief

AI extract

What is this about?

In a writ petition, retired Assistant Teacher Tapasi Goswami claimed interest on delayed revised gratuity and arrear pension under ROPA Rules, 2019. The court directed respondents to pay 8% interest from February 14, 2020, with an additional 2% for further delay.

What did the court decide?

Directed respondents to pay interest on revised gratuity and arrear pension at 8% per annum from February 14, 2020; 2% additional interest if not paid within 12 weeks.

Tapasi Goswami Vs State of West Bengal and Ors. — Maintenance and Alimony | Calcutta HC (2023)

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20.01.2023 Item No.82 Court No.18 P.Jana.

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W.P.A. 28108 of 2022 Tapasi Goswami -Vs-

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The State of West Bengal & Ors. Mr. Krishna Pada Santra, ……for the petitioner. Mr. K.N. Nabi,

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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 her said service on superannuation on October 31, 2016.

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The first pension payment order of the petitioner was issued on August 31, 2016.

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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 March 08, 2022, in terms of the said revised pension payment order, the petitioner received the arrear pension and gratuity on March 08, 2022.

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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. 28108 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.)

Tapasi Goswami v. State of West Bengal and Ors.

Case brief

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What did the court decide?

Tapasi Goswami v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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