Calcutta High Court (Appellete Side)
Alokenath Das vs The State Of West Bengal & Ors on 23 July, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
35 23.07.2015
W.P. No.17035 (W) of 2015
AKB
Alokenath Das
Vs
The State of West Bengal & Ors.
Mr. Sabyasachi Patra ... for the petitioner
Mr. Asok Kr. Ganguly ... for the State
The affidavit of service filed by the learned Advocate
for the petitioner in Court today be kept on record.
Having attained the age of superannuation, the
petitioner retired from service as an Assistant Teacher of
the school in question on 31.05.2008. The Pension
Payment Order was first issued in favour of the petitioner
on 05.11.2008 and after introduction of ROPA, 2009
revised Pension Payment Order was issued 30.05.2012.
The petitioner received the retirement benefits on
02.08.2012, 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.
In view thereof, this writ petition stands disposed of
with a direction upon the respondents and particularly the
2
concerned Treasury Officer to pay to the petitioner interest on revised gratuity @ 10% 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.
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. )