Back
RAJASEKHAR MANTHA
Ananda Mohan Sarkar – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
1. Affidavit-of-service filed in Court today be kept with the record.
2. The material facts of the case are supported by records and hence I have not called for affidavits.
3. The petitioner was appointed as an Assistant Teacher of a concerned School and he retired from service on 31.08.2008. The first pension payment order was issued on 18.08.2008 and the arrear pension was disbursed on 31.08.2008. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 01.11.2012 and the arrear pension and gratuity was disbursed on 10.06.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised arrear pension.
4. I have heard learned counsel for the petitioner and I have considered the orders passed by this court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delay payment of arrear pension.
5. Although the point of delay or limitation has not been urged on behalf of the State, I deem it appropriate to address that issue briefly. The Limitation Act in terms thereof does not apply to the writ petitioners.
Retired employees are entitled to interest on delayed payment of arrear pension as a statutory right, and the delay in payment entitles them to receive interest as compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
