Calcutta High Court (Appellete Side)
Jyotirmay Bhattacharya vs The State Of West Bengal & Ors on 15 February, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
15.2.2018
BR W.P. 1775(W) of 2018
Sl.53
Jyotirmay Bhattacharya
Vs.
The State of West Bengal & Ors.
Ms. S.De
... for the Petitioner.
Ms. Susmita Mukherjee
..for the State.
Let affidavit of service filed in Court today be kept
on record.
Despite service of notice, none appears on behalf of
the respondents.
Ms. Susmita Mukherjee, learned advocate , who usually appears on behalf of the State , is present in Court today. He is directed to appear in this matter . Her appointment be regularised by the office of the Legal Remembrancer.
The learned Advocate for the petitioner submits that after attaining the age of superannuation, the petitioner retired from service as a Head Teacher of the concerned school on 30.11.2006. Pension Payment Order was first 2 issued in favour of the petitioner on 16.11.2006 as per ROPA 1998 and after introduction of ROPA, 2009 revised Pension Payment Order was issued on 01.06.2012. The petitioner received the retirement benefits on 31.12.2012 on the basis of ROPA 2009.
Having regard to the order passed by the Hon'ble Division Bench dated 14th 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 19th May, 2009.
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 revised arrear pension @ 9% per annum from May 19, 2009 till the date of 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 3 expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. ) 4