Ranendra Chandra Das vs The State Of West Bengal & Ors on 29 June, 2015

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Calcutta High Court (Appellete Side)

Ranendra Chandra Das vs The State Of West Bengal & Ors on 29 June, 2015

Bench: Samapti Chatterjee

                                   1




29.06.2015
    27
  s.das

                        W.P. 13381(W) of 2015

                      Ranendra Chandra Das
                                Vs.
                  The State of West Bengal & Ors.


Ms. Rajlakshmi Ghatak
                     ..... for the petitioner

Ms. Mita Biswas
                        ..... for the State



         Let affidavit-of-service filed by the learned Counsel for

the petitioner in Court today be kept on record.

         Despite service of notice, no one appears on behalf of the

State.

         Ms. Biswas, learned Counsel, who usually appears for

the State, is present in Court today.

         I direct Ms. Biswas, learned Counsel, to appear in this

matter for the State.

         Office of Government Pleader is directed to regularize the

engagement of Ms. Biswas, learned Counsel appearing for the

State, accordingly.

         Having attained the age of superannuation, the petitioner

retired from service as an employee of the school in question on
                                  2


31.01.2007.     Pension Payment Order was first issued in his

favour on 12.12.2007 and after introduction of ROPA 2009,

revised Pension Payment Order was issued on          21.02.2013.

The petitioner received his retirement benefits, first on the

basis of the initial Pension Payment Order on 18.01.2008 and

after issuance of the revised Pension Payment Order on

01.07.2013.     The parties have no dispute in regard to the

above factual narrative.

      Having regard to the order passed by the Hon'ble Division

Bench dated 12th August, 2013 in MAT 1118 of 2013 read with

the Circular dated 25th June, 2002 issued by the Joint Director

of Treasuries and Accounts, West Bengal, there cannot be any

dispute that the petitioner is entitled to interest on the amount

of revised gratuity based on ROPA, 2009, to be payable from

21.02.2013.

      I have heard the learned Counsel for the parties and also

considered the orders passed by different Hon'ble Judges on

the writ petitions involving similar issues. It is reported that

the State has accepted all such orders.

      In view thereof, this writ petition stands disposed of with

a   direction   upon   the   respondents   and   particularly   the

concerned Treasury Officer to pay to the petitioner interest on gratuity @ 10% per annum from 21.02.2013 till the date of 3 actual payment 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.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Samapti Chatterjee, J.)

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