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Kanan Mondal v. The State Of West Bengal & Ors

Kanan Mondal v. The State Of West Bengal & Ors

(High Court Of Calcutta - Appellate Side)

Writ Petition No. 25650 (W) Of 2018 | 16-01-2019

1.Let affidavit of service filed in Court today be kept on record.

2.Despite service of notice, none appears on behalf of the respondents.

3.Mr. Debabrata Mondal, learned advocate, who usually appears on behalf of the State, is present in Court today. He is directed to appear in this matter . His appointment be regularised by the Office of the Legal Remembrancer.

4.The learned Advocate for the petitioner submits that after attaining the age of superannuation, the petitioner retired from service as an employee of the concerned school on 31.7.2006. Pension Payment Order was first issued in favour of the petitioner on 26.12.2006 as per ROPA 1998 and after introduction of ROPA, 2009 revised Pension Payment Order was issued on 4.10.2012, The petitioner received the revised retirement benefits on 1.12.2012 on the basis of ROPA 2009.

5.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 arrear pension based on ROPA, 2009, to be payable from 19th May, 2009.

6.I have heard the learned advocates for the parties and also consider the order passed by different Hon’ble Judges on the writ petitions involving similar issues. It is reported that the State has accepted all such orders.

7.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 revised arrear pension amount @ 9% per annum from May 19,2009 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 from the date of communication of this order till the date of actual payment.

8.There will be no order as to costs.

9.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.

Advocate List

  • Mr. Arun Khutia …. For the petitioner

  • Mr. Debabrata Mondal … for the State

Bench
  • HON'BLE JUSTICE SAMAPTI CHATTERJEE
Eq Citations
  • LQ/CalHC/2019/895
Head Note

Government Grants and Largesse — Pension — Arrear pension — Interest on — Petitioner retired from service as an employee of the concerned school on 31.7.2006 — Pension Payment Order was first issued in favour of the petitioner on 26.12.2006 as per ROPA 1998 and after introduction of ROPA, 2009 revised Pension Payment Order was issued on 4.10.2012, The petitioner received the revised retirement benefits on 1.12.2012 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 arrear pension based on ROPA, 2009, to be payable from 19th May, 2009 — Writ petition disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on revised arrear pension amount @ 9% per annum from May 19, 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 from the date of communication of this order till the date of actual payment — Constitution of India — Art. 226 — Writ petition