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2016 DIGILAW 994 (CAL)

Gopal Krishna Majumder v. State of West Bengal

2016-12-12

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. Affidavit of service, filed in Court today, be taken on record. 2. The case of the petitioner is that he was a primary school teacher under the respondents, Education Department. After completion of his qualified service period, he has retired from service on 30th September, 1997. The provisional pension payment order was issued on 9th September, 1998. Subsequently, the revised pension payment order in terms of Revision of Pay and Allowances Rules, 1998 was issued on 26th March, 2002, the payment in respect of which was received by the writ petitioner on 1st May, 2002. Hence, the writ petition has been filed for claiming interest at the rate of 18% per annum for delayed payment of pension. 3. Considering the facets and circumstances of the case and argument advanced by learned Counsel for the petitioner, this Court is of the view that the petition has retired from service on 30th September, 1997, but, the Pension Payment Order was issued on 9th September, 1998 and further on 26th March, 2002 and as such, there is a delay in paying the said pensionary benefits. Hence, the petitioner is entitled to receive simple interest at the rate of 9% per annum on the delayed payment of pensionary benefit from the date of retirement till the date of disbursement of the amount. 4. Therefore, this Court directs the concerned Treasury Officer to disburse interest on delayed payment of gratuity at the rate of 9% per annum from the date following the date of retirement till payment of gratuity on the first PPO and also for the subsequent period from the issuance of ROPA Rules on 19th May, 2009 till payment is made on revised PPO in view of the decision rendered by a Division Bench of this Court in M.A.T No. 1118 of 2013, within a period of eight weeks from the date of communication of this order. 5. The writ petition is, thus, disposed of.