Calcutta High Court (Appellete Side)
Parimal Kanti Mondal vs The State Of West Bengal & Ors on 29 August, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
.2018
d.
sed)
W.P. 12033 (W) of 2018
Parimal Kanti Mondal
Vs.
The State of West Bengal & Ors.
Mr. Sandip Ghosh ... For the Petitioner .
Mr. Anirban Sarkar.........For the State.
Let the affidavit-of-service filed in court today be kept on the record.
Despite service of notice, none appears on behalf of the state-respondents.
Mr.Sarkar, learned Advocate, who usually appears on behalf of the State is present in court today. He is directed to appear in this matter. His appointment be regularized by the office of the Legal Remembrancer.
Learned Advocate appearing for the petitioner submits that having attained the age of superannuation, the petitioner retired from service as Primary Teacher of the school in question on 30.04.2008. Pension payment order was first issued in favour of the petitioner on 22.04.2008 and after introduction of ROPA, 2009, the revised pension payment order was issued on 07.12.2012. The petitioner received the retirement benefits on 07.12.2012 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 arrear pension of the petitioner based on ROPA, 2009, to be payable from May 19, 2009.
2I 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 revised arrear pension of the petitioner @ 9% per annum from May19, 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. )