Rama Ghosh Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Rama Ghosh Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Interest at 8% per annum on the revised gratuity and arrear pension from February 14, 2020 until the date of payment, payable within twelve weeks of communication of the order, with an additional 2% per annum interest on the arrears in default.

Issue for consideration

Whether the petitioner, a retired approved Assistant Teacher, is entitled to interest for the delayed payment of gratuity and arrear pension arising from the ROPA 2019 revision.

Court's answer

The petitioner is entitled to the interest, as prayed for, on the delayed payment of gratuity and arrear pension.

Ratio / Principle

The Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the revised gratuity and arrear pension at 8% per annum from February 14, 2020 (the date of notification of the Government order) until the date of payment of the revised gratuity and arrear pension.

Key takeaways

The payment shall be made within twelve weeks from the date of communication of the order; in default, the arrears amount shall fetch an additional interest of 2% per annum.ratio¶17

Detailed headnote1 paragraphs

Retired approved Assistant Teacher, whose first pension payment order issued on 06.03.2017 and whose revised pension payment order under the ROPA Rules, 2019 issued only on 09.08.2024 (arrears paid on 14.08.2024), claimed interest for the delayed payment of gratuity and arrear pension. The State respondents did not oppose the prayer. The Court held the petitioner entitled to the interest and directed the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer to pay interest at 8% per annum on the revised gratuity and arrear pension from 14.02.2020 (date of notification of Government Memorandum No. 53/ES/P/P&B/10M-99/2019) until the date of payment, to be made within twelve weeks, failing which the arrears would fetch an additional 2% per annum. W.P.A. 2458 of 2024 disposed of; no order as to costs. (Biswajit Basu, J.)

28.11.2024 Item No.7 Court No.02 AJ. In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction

W.P.A. 2458 of 2024

Rama Ghosh

-Vs-

The State of West Bengal & Ors.

Mr. Sanjay Mazoomder, Ms. Sukanya Adhikary. ……for the petitioner. Mr. Subir Kumar Saha, Ld. A.G.P., Ms. Pratusha Dutta Chowdhury. ……for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The petitioner was an approved Assistant Teacher of a primary school and retired from her said service on superannuation on February 28, 2017.

The first pension payment order of the petitioner was issued on March 06, 2017.

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 August 09, 2024, in terms of the said revised pension payment order, the

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petitioner received the arrear pension and gratuity on August 14, 2024.

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.

Learned Advocate for the State respondents does not oppose the prayer of the petitioner.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

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.

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. 2458 of 2024 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)