Swapan Kumar Pande v. State Of West Bengal And ORS.

47.

47.

(ML) (ML) 05.12.2024 05.12.2024 Ct. No. 18 (ARPAN) W.P.A. 17835 of 2023 Swapan Kumar Pande Vs.

The State of West Bengal & Ors.

Mr. Probal Sarkar Ms. Sk. Kiran ...for the Petitioner Ms. Tuli Sinha ...for the State Matter is heard in presence of the learned advocates representing petitioner and State respondents. Grievance of the petitioner is after his superannuation on 29th February, 2008 by issuing first pension payment order dated 25th February, being No.MSD/S/S/8169 retiral dues including pension were released in terms of ROPA 1998 but while issuing revised pension payment order in terms of ROPA 2009 though there was enhancement of gratuity amount but monthly pension remained unaltered. According to the petitioner monthly pension of the petitioner was required to be revised in terms of ROPA 2009 while issuing revised pension payment order.

On behalf of the State respondents a communication dated 13th November, 2024 issued by District Inspector of Schools (S.E.), Murshidabad along with necessary documents are placed before this court and are taken on record. On perusal of those documents, it appears that on 14th November, 2024 concerned Treasury Officer has communicated to the District

Inspector of Schools (S.E.), Murshidabad that in terms of ROPA 1998 basic pension of the petitioner was Rs.4910. On applying ROPA 2009 there was consolidation of pension of the petitioner with effect from 1st April, 2008 and in this regard pension payment order was issued being Pension Payment Order No.SEC/S/MSD/00097. By such revised pension payment order monthly pension of the petitioner was enhanced from Rs.4910 to Rs.11332. It is further stated in the said communication dated 14th November, 2024 by the concerned Treasury Officer that in terms of ROPA 2019 basic pension of the petitioner was further enhanced to Rs.29130 with effect from 01.01.2020.

In view of such contention made on behalf of the State respondents upon placing reliance on letter dated 14th November, 2024 issued by the concerned Treasury Officer, it is found that no further order needs to be passed in this writ petition and the present writ petition stands disposed of with leave to the petitioner to raise dispute in the event basic pension of the petitioner was not enhanced to Rs.11332 with effect from 1st April, 2008 in terms of ROPA 2009 before the concerned State authorities.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)