Gita Maity vs Parvez Ahmed Siddiqui & Anr
2021 Latest Caselaw 2616 Cal

07.04.2021

Ct. No.6 Saswata CPAN 1367 of 2019 in WPA 8863 of 2017 with IA No. CAN 1 of 2021 (Via video conference) Gita Maity

-vs-

Parvez Ahmed Siddiqui & Anr.

Mr. Chandi Charan Roy ... for the petitioner

Mr. Bhaskar Prasad Vaisya Mr. Arindam Chattopadhyay ... for the alleged contemnors

By an order dated May 5, 2017, WP 8863 (W) of

2017 was disposed of by directing the concerned

Treasury Officer to pay to the petitioner interest at the

rate of 9% per annum on the amount released in

favour of the petitioner by way of pensionary benefit,

on and from June 15, 1990 till the date of issuance of

the Pension Payment Order.

Alleging deliberate violation of the aforesaid

order, the present contempt application was filed.

The Director of Pension, Provident Fund and

Group Insurance, Government of West Bengal and the

concerned Treasury Officer filed an application for

clarification and/or modification of the order dated

May 3, 2017 to the extent that interest should be

directed to be paid with effect from November 1, 2010

instead of June 15, 1990. Such application is

pending.

In the meantime, a bunch of appeals involving

identical points have been disposed of by the Hon'ble

Division Bench by a judgment and order dated March

24, 2021 passed in MAT 1858 of 2019 and other

appeals by clarifying that in such cases, interest

should be directed to be paid from November 1, 2010

instead of June 15, 1990.

In view of the aforesaid, the contempt application

and the modification application are both disposed of

by clarifying that the petitioner shall be entitled to

interest at the rate of 9% per annum on the arrear

pension with effect from November 1, 2010 instead of

June 15, 1990.

Such interest shall be paid to the petitioner by

the concerned Treasury Officer within two weeks from

the date of a copy of this order being placed before the

Treasury Officer.

Accordingly the contempt application being CPAN

1367 of 2019 and the application for clarification

and / or modification being IA no. CAN 1 of 2021 are

disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on priority basis

after completion of requisite formalities.

(Arijit Banerjee, J.)