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2016 DIGILAW 811 (CAL)

Purna Chandra Sarkar v. State of West Bengal

2016-10-05

DEBI PROSAD DEY

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Debi Prosad Dey, J. : 1. The petitioner was appointed as a Primary School Teacher and the petitioner retired from service on superannuation on 30th April, 2008. The 1st pension payment order was issued by respondent no.2 on 17th June, 2008 and the amount of gratuity was disbursed to the petitioner on 1st September, 2008. 2. In terms of Ropa Rules, 2009 the pay and allowances of all the employees of non-Government Educational Institution were revised and as per the Ropa Rules 2009, memo No. P/03020/13 dated 18.04.2013 was issued in favour of the petitioner towards payment of revised gratuity. The said amount of revised gratuity was credited in the bank account of the petitioner on 26th July, 2013. 3. The specific case of the petitioner is that the State authorities ought to have disbursed the revised amount of gratuity in favour of the petitioner on 19th May, 2009 i.e. the date of giving effect to the Ropa Rules, 2009. That having not been done, the petitioner is entitled to get interest from 19.05.2009 to the actual date of payment of such revised amount of gratuity i.e. till 26th July, 2013 in terms of the decision arrived at by this Court in very many decisions as well as in terms of the circular dated 25th June, 2002 issued by Joint Director of Treasury and Accounts. 4. Learned Advocate appearing on behalf of the State however did not file any affidavit in opposition in view of the settled position of law. 5. On scrutiny of the materials on record and 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 Treasury and Accounts, West Bengal, there cannot be any dispute that the petitioner is entitled to get interest on the amount of revised gratuity based on Ropa Rules 2009 to be payable on and from 19th May, 2009. 6. 6. In view thereof, this writ petition stands disposed of with a direction upon the respondents particularly upon respondent no.3, Treasury Officer, Kalyani to pay to the petitioner interest on gratuity at the rate of 8 percent per annum from 19th May, 2009 till the date of actual payment within 16 weeks from the date of service of authenticated copy of this order failing which, additional interest at the rate of 2 percent per annum shall be payable to the petitioner. The writ petition is accordingly allowed and disposed of in terms of the aforesaid order. 7. There will be no order as to costs. 8. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible