Calcutta High Court (Appellete Side)Sri Shibnath Basak vs The State Of West Bengal & Ors on 22 September, 2011Author:Indira BanerjeeBench:Indira Banerjee1


    5.
22.09.2011.
    d.d.
                       W. P. No.2366 (W) of 2011

                        Sri Shibnath Basak
                                Vs.
                    The State of West Bengal & Ors.


               Mr. Partha Sarkar
                                       ...... For the Petitioner.

               Mr. B. R. Ghosal,
               Mr. Dipak Kumar Mukherjee,
               Ujjwal Kumar Dutta
                                  .... For the Municipality.



                   This writ petition is directed against the failure of the
              respondent authorities to make payment of revised pension to thepetitioner.The petitioner, a permanent approved employee of Uttarpara-
              Kotrung Municipality, retired from service on 1st January, 2000
              upon attaining the age of superannuation.    It is stated that the
              petitioner submitted his option to come under the Pension Scheme.A Pension Payment Order dated 5th February, 2001 whereby
              the petitioner was granted pension at the rate of Rs.1035/-, in
              addition to other terminal benefits.The pension payable to the employees of the municipality are
              revised from time to time as and when there is revision of pay and
              allowances pursuant to recommendations of Pay Commissions. It
              is stated that by a Memorandum No.230/MA/0/C/9/2P-6/2009
              dated 9th June, 2009, the pensionary benefits of employees of2Urban Local Bodies, except Kolkata Muncipal Corporation, who
retired after coming into force of ROPA 2009, was revised. On the
same day, that is, on 9th June, 2009, another memorandum being
Memorandum No.231/MA/0/C-9/2P-6/2009 was issued whereby
the    pension    or   family   pension     of   pre-January,   2006
pensioners/family pensioners was revised with effect from 1st April,
2008. According to the petitioner, the petitioner is covered by the
aforesaid second Memorandum dated 9th June, 2009. However, the
benefit of revision has not yet been given to the petitioner.It appears that the Chairman of the municipality has
forwarded the relevant papers pertaining to pension to the Director
of Local Bodies, Government of West Bengal for necessary action.
The attention of this Court has been drawn to Memorandum
No.32(11)G/MA/N/C-2/1G-21/2009 dated Kolkata the 8th June,
2011 issued by the Joint Secretary to the Government of West
Bengal, Department of Municipal Affairs, Writers' Buildings,
Kolkata, the contents of which are set out hereinbelow for
convenience:" The undersigned is directed by order of the Governor to
      say that the governor is pleased to sanction for the payment of
      a sum of Rs.5,03,96,721/- (Rupees Five crore three lakh
      ninety six thousand seven hundred and twenty one) only to the
      Urban Local Bodies on adhoc basis as per allotment in the
      enclosed statement as 40% of total requirement (Basic
      Pension+Dearness Relief) of pension to the Pensioners of the
      Urban Local Bodies for the year 2009-10 during the financial
      year, i.e., 2011-2012.2. The District Magistrate concerned is hereby authorised to
      draw the grants sanctioned above and disburse the same to
      the Urban Local Bodies concerned by transfer credit through
      Local Fund Account of the concerned Urban Local Bodies in
      favour of the pensioners who have received the P.P.O. for
      drawal of their pension.33.   The charge will be debitable to the head "2071-Pensions
    and other Retirement Benefits-01-Civil-110-Pension of
    Employees of Local Bodies-NP-Non-Plan-001-Provision for
    payment of pension of employees of Local Bodies-04-
    Pension/Gratuitites-V' under demand no.18/Finance (Audit)
    Department in the current year's Vote-on-Account budget i.e.
    2011-2012.4.     Utilisation Certificate is to be furnished by the Urban
    Local Bodies in the prescribed form direct to the Principal
    Accountant General (A&E), West Bengal, with a copy to this
    Department positively, as soon as the amount is drawn and
    utilised.5. This order issues in exercise of the Powers delegated under
    Finance Department Memo No.700-FB dated 31.03.2010.6.      The principal Accountant General (A&E), West
    Bengal/Treasury officer and other concerned are being
    informed. "As rightly submitted on behalf of the petitioner, pension is not
a bounty.    Once revision of pension is effected, the benefit of
revision has to be granted to all employees.               Funds would
necessarily have to be allocated and it appears that funds have
been allocated by the Memo dated 8th June, 2011, referred to
above.The    writ   application   is   disposed   of   by   directing   the
respondents to forthwith give the petitioner the benefit of revision of
pension. The petitioner shall be paid pension at the revised rate
from November, 2011 onwards. All arrears due and payable to the
petitioner shall positively be released within             31st December,
2011 with interest with interest at the rate of 9% per annum to be
computed from the seventh day of the month following the month
for which the revised pension became payable.                Needless to
mention that interest shall be computed as per reducing balance.4The petitioner, being unnecessarily dragged to this Court, shall be
entitled to costs of these proceedings assessed at Rs.10,000/- to be
paid by the State to the petitioner along with arrears of pension.The Director of Local Bodies shall ensure that adequate funds
are released for compliance of this order.Let photostat copies of this order, duly countersigned by the
Assistant Registrar (Court), be supplied to the learned Counsel for
the appearing parties on usual undertakings.( Indira Banerjee, J )