Allowed

Samaranjan Adak v. State of West Bengal and Ors.

Calcutta HC20 Jan 2023WPA/28111/2022

Case brief

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What is this about?

The High Court allowed a writ petition filed by a retired teacher seeking interest on delayed gratuity and arrear pension. The court directed respondents, who did not oppose, to pay 8% annual interest from the notification date until payment.

What did the court decide?

Directing respondents to pay interest on revised gratuity and arrear pension @ 8% per annum from February 14, 2020, until payment, with an additional 2% p.a. in default of payment within 12 weeks.

Samaranjan Adak Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2023)

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20.01.2023 Item No.83 Court No.18 P.Jana.

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W.P.A. 28111 of 2022 Samaranjan Adak -Vs-

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The State of West Bengal & Ors. Mr. Krishna Pada Santra, ……for the petitioner. Mr. Gautam Basu,

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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 Teacher-inCharge of a secondary school and retired from his said service on superannuation on January 31, 2017.

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The first pension payment order of the petitioner was issued on December 09, 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 July 20, 2021, in terms of the said revised pension payment order, the petitioner received the arrear pension and gratuity on July 28, 2021.

¶10

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. 28111 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.

¶18

(Biswajit Basu, J.)

Samaranjan Adak v. State of West Bengal and Ors.

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Samaranjan Adak v. State of West Bengal and Ors.

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