Arun Kumar Hait v. State Of West Bengal And ORS.

14.06.2022 Sl. No.220 ap W.P.A. 8142 of 2022 Arun Kumar Hait -VsThe State of West Bengal & Ors.

Mr. Saunak Bhattacharya, Mr. Emon Bhattacharya, Mr. Sourish Ray, Ms. Pooja Sah.

... ... for the petitioner Mr. Jahar Dutta, Mr. Bipin Ghosh.

...for the State.

Affidavit of service filed in court today is kept with the record.

The petitioner retired from service on 31st August, 2018. He has been receiving pension after issuance of Pension Payment Order based on ROPA, 2009. The petitioner claims and is entitled to benefit of ROPA, 2019 as well.

Repeated representations have been made in reply to one of such representations.

The respondents by a communication dated 1st December, 2020 have submitted in writing that the petitioner's problem should be resolved within the administrative control of the District Inspector of Schools (SE), Kolkata.

In that view of the matter, the District Inspector of Schools (SE), Kolkata shall dispose of the petitioner's claim for application of ROPA, 2019 mandatorily and positively within a period of two months from the date of communication of a copy of this order.

In the event the petitioner found eligible, the District Inspector of Schools (SE), Kolkata shall immediately amend the petitioner's Pension Payment Order to the Director of Pension, Provident Fund and Group Insurance, West Bengal and the petitioner's pension shall thereafter be considered on any enhanced amount and any arrear approving to the petitioner shall be paid within a period of three months thereafter.

The question of interest on the delayed payment of any entitlements, shall be considered in separate proceeding.

With these observations, the writ petition is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)