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Rabia Khatun v. State of West Bengal and Ors.

Calcutta HC20 Jan 2023WPA/28112/2022

Case brief

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What is this about?

In this writ petition, the petitioner, a retired government staff member, sought interest for delayed payment of revised gratuity and arrear pension under the ROPA Rules, 2019. The court held the petitioner entitled to 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 at 8% p.a. from February 14, 2020, and to make payment within twelve weeks of this order.

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

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20.01.2023 Item No.84 Court No.18 P.Jana.

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W.P.A. 28112 of 2022 Rabia Khatun

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-Vs-

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

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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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In spite of service, none appears on behalf of the State-respondents.

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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 February 29, 2017.

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The first pension payment order of the petitioner was issued on March 01, 2017.

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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 24, 2021, in terms of the said revised pension payment order, the petitioner received the arrear pension and gratuity on April 06, 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

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concerned Treasury Officer, the respondents herein, to pay such interest.

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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. 28112 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.)

Rabia Khatun v. State of West Bengal and Ors.

Case brief

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Rabia Khatun v. State of West Bengal and Ors.

Case brief

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