CALCUTTA HIGH COURT
Rajarshi Bharadwaj, J
Basanti Sigh Sardar & Ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
The material facts of the case are admitted and hence I have not called for affidavits.
The husband/father of the petitioners was a Teacher of a Primary School. The husband/father of the petitioners died-in-harness on 20.07.2018. The first pension payment order was issued on 22.04.2019. Under the ROPA Rules , 2019 there was revision of the pensionary and gratuity amount payable to the petitioners. The revised pension payment order was issued on 24.01.2024 and the revised gratuity was disbursed on 25.01.2024 in terms of ROPA, 2019. The petitioners claim interest on delayed payment of the revised arrear pension and gratuity amount.
I have heard learned counsel for both parties 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 delayed payment of gratuity and arrear pension.
There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither of the parties has suffered due to this delay. It is the submission of the petitioner that accordingly the petition should be allowed. The petit
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