Radharani Maiti vs Raju Majumdar
2022 Latest Caselaw 1131 Cal

10.03.2022 Item no.8.

Court No.6.

AB CPAN 469 of 2018 In WPA 10295 of 2017

Radharani Maiti Vs Raju Majumdar

Mr. Anup Dasgupta, Mr. Somnath Bhattacharya, Ms. Sharmistha Paul ....for the Petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Arindam Chattopadhyay, Mr. Nilay Baran Mondal ....for the alleged Contemnor.

By an order dated July 19, 2017, WPA 10295 of

2017 was disposed of by directing the concerned

Treasury Officer to pay to the petitioner interest at the

rate of 9 percent 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

Pension Payment Order.

Alleging non-compliance of the said order, the

present contempt application was filed by the

petitioner.

The Director of Pension, Provident Fund and

Group Insurance preferred an appeal against the said

order. Several other appeals involving identical point

of law were also filed by the Director of Pension,

Provident Fund and Group Insurance. A bunch of

such appeals including MAT 1858 of 2019 was

disposed of by the Hon'ble Division Bench by a

judgment and order dated March 24, 2021, whereby

the orders impugned in such appeals were modified to

the extent that interest on the arrear family pension

shall be paid at the rate of 9 percent per annum from

November 1, 2010 till the date of issuance of the

Pension Payment Order.

In view of the aforesaid judgment and order of

the Hon'ble Division Bench, I dispose of this contempt

application by clarifying that the petitioner shall be

entitled to interest on the arrear pensionary benefits

on and from November 1, 2010 till the date of issuance

of Pension Payment Order at the rate of 9 percent per

annum. Such payment shall be made by the

concerned Treasury Officer within two weeks from the

date of a copy of this order being placed before him.

CPAN 469 of 2018 is, accordingly, disposed of.

Urgent Photostat Certified copy of this order, if

applied for, be supplied expeditiously after complying

with all necessary legal formalities.

(Arijit Banerjee, J.)