Calcutta High Court (Appellete Side)
Parimal Gupta vs The State Of West Bengal & Ors on 12 December, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
2.2017
W.P. 29612(W) of 2017
Parimal Gupta
Vs.
The State of West Bengal & Ors.
Mr. Sudip Sarkar
... For the Petitioner.
Mr. Sanjay Sarkar
... For the State.
Let the affidavit-of-service filed in court today be kept on the record.
Learned Advocate appearing for the petitioner submits that having attained
the age of superannuation, the petitioner retired from service as an Assistant
Teacher of the school in question on 31.01.2009. Pension payment order was
first issued in favour of the petitioner on 08.05.2009 as per ROPA, 1998 and after
introduction of ROPA, 2009, the revised pension payment order was issued on
26.09.2012. The petitioner received the revised retirement benefits on
04.12.2012 under ROPA, 2009.
Having regard to the order passed by the Hon'ble Division Bench of this
court dated August 14, 2013 in MAT 1118 of 2013 read with the circular dated
June 25, 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 May 19,
2009.
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I have heard the learned Advocate for the parties and also considered the
order 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 the direction upon
the respondents and particularly the concerned Treasury Officer to pay to the
petitioner interest on 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 from the date of communication of this order till the date of actual payment.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. ) ks