Keshab Chandra Mandal vs The State Of West Bengal & Ors on 30 July, 2015

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Calcutta High Court (Appellete Side)

Keshab Chandra Mandal vs The State Of West Bengal & Ors on 30 July, 2015

Bench: Samapti Chatterjee

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30.07.2015
 KAUSHIK
                                      W.P. 17693(W) of 2015

                                     Keshab Chandra Mandal
                                                Vs.
                                  The State of West Bengal & Ors.


             Mrs. Sabita Khutia (Bhunya)
                                  ..... for the petitioner

             Ms. Jyotsna Roy Mukherjee
                                  ..... 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.   Roy    Mukherjee,   learned   Counsel,   who   usually

             appears for the State, is present in Court today.

                      I direct Ms. Roy Mukherjee, learned Counsel, to appear in

             this matter for the State.

                      Office of Government Pleader is directed to regularize the

             engagement of Ms. Roy Mukherjee, learned Counsel appearing

             for the State, accordingly.

                      Learned Counsel appearing for the petitioner submits that

             having attained the age of superannuation, the petitioner retired

             from service as an employee of the school in question on

             30.9.2007. Pension Payment Order was first issued in favour of

             the petitioner on 28.9.2007 and after introduction of ROPA

             2009, revised Pension Payment Order was issued on 2.5.2011.

             The petitioner received the retirement benefits on 30.8.2012 on

             the basis of ROPA, 2009.
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      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.

      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 19th May, 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 expeditiously as possible on compliance of all necessary formalities.

(Samapti Chatterjee, J.)

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