Juthika Sen (Pal) vs The State Of West Bengal & Ors on 2 November, 2017

[Cites 0, Cited by 2]

Calcutta High Court (Appellete Side)

Juthika Sen (Pal) vs The State Of West Bengal & Ors on 2 November, 2017

Bench: Tapabrata Chakraborty

                                           1


    02.11.2017
    Item No.50
        ad
                                W.P 24519(W) of 2017

                                 Juthika Sen (Pal)
                                        Vs.
                          The State of West Bengal & Ors.


Ms. Sreyasree Choudhury
                 ....             For the petitioner

Mr. Pinaki Bhattacharyya
                       .....      For the State


       Affidavit-of-service filed by the petitioner be kept on record.

       Ms. Choudhury, learned advocate appearing for the petitioner submits

that the petitioner retired from the post of Assistant Teacher on 28th February,

2007 and subsequent thereto, the first pension payment order was issued on

12th February, 2008. Upon revision of pay under the provisions of ROPA, 2009,

the pension payment order towards revised benefits was issued on 3rd June,

2011, and the benefits of revised gratuity were actually disbursed in favour of the

petitioner on 25th August, 2011. For such belated disbursement of the revised

benefits, the petitioner is entitled to payment of interest.

       She further submits that the issue of entitlement towards interest for

belated disbursement of the benefits of revised gratuity is no longer res integra

and in identical matters, this Court has directed payment of interest for belated

disbursement of the benefits of revised gratuity on and from 19th May, 2009. In

support of such contention reliance has been placed upon a government order

dated 21st October, 2013.
                                          2


       As in identical matters, the Court has directed payment of interest for

belated disbursement of the benefits of revised gratuity under ROPA, 2009 on

and from 19th May, 2009 till the date of actual disbursement of such benefits and

as upon acceptance of such direction of the Hon'ble Court, the State authorities

have issued the government order dated 21st October, 2013, question of denial of

interest to the petitioner does not occasion and in the said conspectus of facts

and as the delay pertaining to disbursement of the revised benefits of gratuity is

not attributable to the petitioner, I am of the opinion that the petitioner is

entitled to payment of interest.

       Accordingly, this Court directs the respondents, particularly the State

respondents, to pay interest to the petitioner at the rate of 8% per annum on the benefits of revised gratuity under ROPA, 2009 calculated on and from 19th May, 2009 till the date of actual disbursement of such benefits to the petitioner within a period of ten weeks from the date of communication of this order.

With the above observations and directions, the writ application is disposed of.

There shall, however, be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.

(Tapabrata Chakraborty, J.) 3

Unlock Advanced Research with PRISMAI

Calcutta High Court (Appellete Side)