Calcutta High Court (Appellete Side)
Parimal Chandra Basak vs The State Of West Bengal & Ors on 16 November, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
16.11.2018
10
AKD
W.P. 19268(W) of 2018
Parimal Chandra Basak
-vs-
The State of West Bengal & Ors.
Mr. Sandip Ghosh
... for the Petitioner
Ms. Mita Biswas
... for the State
The affidavit of service filed by the learned Advocate for the petitioner in Court today be
kept on record.
The learned Advocate for the petitioner submits that having attained the age of
superannuation, the petitioner retired from service as an employee of the concerned School on
31.10.2007. The Pension Payment Order was first issued in favour of the petitioner on 7.1.2008
and after introduction of ROPA, 2009 revised Pension Payment Order was issued on 8.2.2012.
The petitioner received the retirement benefits on 17.4.2012 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 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 Advocate for the petitioner and have 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 order.
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 gratuity @ 9% 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.
2
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. )