Sawitri Basnett v. State Of West Bengal And ORS

24-01-2020 Court No.2 Sh/50.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 175 OF 2020 Sawitri Basnett. . . . .. . . Petitioner. Vs.

The State of West Bengal & Ors. . .Respondents. Mr. Deborshi Dhar.

.For the Petitioner.

Mr. Hirak Barman, Ms. Bedashruti Bose.

. . .For the State.

Affidavit of service filed in Court today be taken on record.

The petitioner was an Assistant Teacher of the concerned School, who retired from service on 31-052008. The pension Payment Order was first issued in favour of the petitioner on 12-11-2008 and after introduction of ROPA, 2009, revised pension payment order was issued on 13-04-2012. The petitioner received the retirement benefits on 19-09-2012 on the basis of ROPA 2009. The petitioner claims interest on delayed payment of revised gratuity.

Having regard to the order passed by the Hon'ble Division Bench of this Court dated August 14, 2013 in MAT 1118 of 2013 read with the circular dated June 25, 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

revised gratuity amount based on ROPA 2009, to be payable from May 19, 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 the revised gratuity amount from the next date of retirement till the date of actual payment and also on the revised gratuity amount @ 9% per annum from 19th May, 2009 till the date of actual payment within four weeks from the date of service of an authenticated copy of this order. With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis. ( SHAMPA SARKAR, J.)