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Calcutta High Court (Appellete Side)

Madhusudan Das vs The State Of West Bengal & Ors on 8 January, 2018

Author: Samapti Chatterjee

Bench: Samapti Chatterjee

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8. 1. 2018

   BP                             W.P. 29104(W) of 2017
  Sl. 49
                                    Madhusudan Das
                                        Vs.
                              The State of West Bengal & Ors.


                      Ms. Sreyasree Choudhury
                                    ... for the Petitioner.

                     Ms. Salma Sultana Shah
                                   ..for the State.


                     Let affidavit of service filed in Court today be kept

             on record.

                     The learned Advocate for the petitioner submits that

             after attaining the age of superannuation, the petitioner

             retired from service as a Teacher of the concerned school

             on 31.1.2010. The Pension Payment Order was first

             issued in favour of the petitioner on 8.2.2010 and after

             introduction of ROPA, 2009 revised Pension Payment

             Order was issued on21.2.2013.        The petitioner received

             the retirement benefits on 2.4.2013 on the basis of ROPA

             2009.

                     Having regard to the order passed by the Hon'ble

             Division Bench dated 14th August, 2013 in MAT 1118 of
                            2


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.

       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 revised arrear pension @ 9% per annum from the date of retirement of the petitioner 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. ) 3 4