- (1.) The petitioner was an approved Head Teacher of Rabindra Sishu Primary School under Hirapur Circle, District- Burdwan and he retired on superannuation from service on and from 28th Day of February, 2006. The petitioner duly filled up his family pension Booklet and submitted the same to the appropriate authority for disbursement of his retiral benefit. The pension payment order has been issued by respondent no.3 vide PPO No.PRI/S/BUR/01185/2013 dated 23rd July, 2013, earmarking the amount of pension and gratuity payable to the petitioner. In fact the revised amount of gratuity to the tune of Rs.2,49,150/- was disbursed in favour of the petitioner on 1st November, 2013. The petitioner has prayed for granting of interest at the rate of 18 percent per annum for such disbursement of revised amount of gratuity after a lapse of 5 years from the date of actual entitlement. Annexure P1 reveals that such pension payment order was issued on 23rd July, 2013. The further case of the petitioner is that the petitioner had filed writ petition no.25930(W) of 2015 on the self-same cause but the said writ petition was disposed of on the ground that the petitioner should make a demand of justice to the authorities for interest on delayed payment of gratuity. The said writ petition was actually disposed of for want of giving any demand of justice by the petitioner. In terms of the said direction of this Court the petitioner accordingly submitted a demand of justice before the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and has also forwarded the order passed by this Court to the appropriate authority. The state respondents did nothing towards such representation/demand of justice given by the petitioner and that is why the petitioner has again filed this writ petition. The state respondents did not file any affidavit in opposition. However, the instruction given to the said learned Advocate for the state respondents has been handed over to the Court and the same has been kept on the record. Learned Advocate appearing on behalf of the petitioner submitted that payment of interest on revised payment of gratuity has been accepted by this Court in very many decisions and the State Government has also issued circulars directing the concerned Treasury Officer to release interest due to delayed payment of revised amount of gratuity. In absence of any affidavit in opposition on behalf of the state respondents, the claim of the petitioner goes un-challenged. The practice of handing over such instruction of law officer addressed to the Advocate for the state of West Bengal shall not be encouraged and shall not be accepted in lieu of formal affidavit in opposition. Therefore, I refrain myself from making any comment on such instruction addressed to learned Advocate for the state respondents. It transpires from such instruction that due to lack of staff the authorities could not disburse the gratuity amount in time to the petitioner. The petitioner has stated on oath that such amount was disbursed in favour of the petitioner on 1st November, 2013. However, no document has been filed in support of such claim of the petitioner.
(2.) Admittedly, the ROPA rules of 2009 was given effect to on and from 19.05.2009. Therefore, the petitioner is definitely entitled to get interest on such delayed payment of revised amount of gratuity from 19.05.2009 till the date of actual disbursement. The writ petition is thus disposed of in terms of the following order.
(3.) The petitioner is entitled to get interest at the rate of 8 percent per annum from 19.05.2009 till the actual date of disbursement of such amount by the state respondents subject to production of necessary documents before respondent no. 6 about the actual date of disbursement of such revised amount of gratuity to the petitioner. Respondent no.6 the Treasury Officer, Asansol 1 shall disburse such amount within 8 weeks from the date of the receipt of the copy of this order failing which an additional rate of interest at the rate of 2 percent in addition to such rate of interest as stated herein above shall have to be calculated on the amount to be disbursed towards revised payment of gratuity till the date of actual payment. No order as to costs.;