Calcutta High Court (Appellete Side)
Ranajit Kumar Sarkar vs The State Of West Bengal & Ors on 18 June, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
1
18.06.2015.
rc
W.P. No. 1834(W) of 2015
Ranajit Kumar Sarkar
Versus
The State of West Bengal & Ors.
Mr. Yudhajit Guha ... For the Petitioner.
Md. Abu Reja Jaglul Kabir ... For the State
Affidavit of service filed in Court today be kept with the
record.
The petitioner seeks interest on delayed payment of gratuity.
The petitioner has retired on April 30, 2008. The first Pension
Payment Order was issued on April 17, 2008 and such payment was
released on August 31, 2008. The revised pension payment order in
terms of ROPA 2009 was issued on January 15, 2013 and the payment
in respect thereof was made on July 31, 2013.
I have heard the learned counsel for the respective parties and
considered the materials made available on record. I have also
considered the relevant orders and judgements placed by the learned
counsel for the parties.
In view of the decision of the Division Bench rendered in MAT
no. 1118 of 2013 the writ petitioner is entitled to receive revised pension
in terms of ROPA 2009 on and from the date of coming into effect of
the same, i.e. May 19, 2009.
In the instant case the payment has been made on July 31, 2013.
Therefore, there is delay in making payment of gratuity in terms of
ROPA 2009.
Under the circumstances, the present writ petition is disposed of
by directing the concerned respondents to pay interest at the rate of 8%
per annum for the delayed period within 8 (eight) weeks from the date of communication of this order.
2There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debangsu Basak, J.)