Guru Charan Majhi vs The State of West Bengal and Others

D.K. Seth, J.—The pension has not been paid to the petitioner despite orders passed by this Court holding the petitioner entitled to it. In the circumstances this petition is disposed of by directing the respondents to pay pension to the petitioner within three months from the date of communication of this order. Such pension is to be paid, as admissible in law, to the petitioner. If finalisation of the calculation cannot be made within the said time, in that event provisional pension shall be made available from the said date for the current period onwards subject to payment of regular pension. In no even, regular pension shall be deferred beyond six months from communication. All arrears are to be paid within three months from finalisation together with Interest at the rate of 12% simple p.a. on the arrear till it is paid. In case, it is not paid in that event, the amount of pension payable to the petitioner shall be paid to the petitioner after deducting the said amount from the salary of the officer or officers responsible for non-payment of pension. The State Government shall recover the amount of interest paid in terms of this order from the salary of the officer or officers responsible for the delay in payment of the pension, after fixing responsibility. It is almost 10 years, the petitioner is languishing. Therefore, the petitioner shall be paid damages assessed at Rs. 50,000/-within three month. This amount shall also be deducted from the salary of the officer or officers responsible for the delay by the State, after fixing responsibility.

The writ application is disposed of.

There will be no order as to costs.

Xerox certified copy of this order, if applied for, be given within seven days from the date of making such application.