Calcutta High Court (Appellete Side)
Madhusudan Das vs The State Of W.B. & Ors on 8 November, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
8.11.2017
W.P. 25939W) of 2017
sk
Madhusudan Das
Vs
The State of W.B. & Ors.
Ms. Sreyasree Choudhury
...for the petitioner.
Mr. Priyabrata Ghosh
..for the State.
Affidavit of service filed today be kept with the record.
The learned Advocate for the petitioner submits that the petitioner was in
service of the concerned School and he retired from service on 31.1.2010.
The respondent authorities issued the Revised Pension Payment Orders
in terms of Revision of Pay and Allowances Rules, 2009 (ROPA 2009), on 8.2.2010 and on 21.2.2013. The arrear Pension amount was paid to the petitioner on 10.3.2010 and 02.04.2013. Hence this writ petition has been filed for claiming interest at the rate of 18% per annum for delayed arrear pensionary benefits.
In view of the decision rendered by a Division Bench of this Court in MAT 1118 of 2013 and the notification, the petitioner is entitled to receive revised pension in terms of ROPA 2009, on and from the date on which the said Rules came into force, is is, 19th May, 2009.
Under such circumstances, the writ petition is dispsed of by directing the respondent 3 to pay interest at the rate of 9% per annum on the delayed arrear 2 pensionary benefits on and from May 19, 2009, till the date of actual disbursement of the revised arrear pensionary benefits within 16 weeks from the date of service of an authenticated copy of this order, failing which additional interest @ 2% per annum shall be payable to the petitioner.
The writ petition is disposed of without any order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Samapti Chatterjee J.)