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Indra Bahadur Chhetri v. the State of West Bengal and Ors.

Calcutta HC14 Dec 2021WPA/2422/2021

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What is this about?

The Calcutta High Court disposed of a writ petition filed by a retired Assistant Teacher seeking interest on revised gratuity and arrear pension. Applying the ratio from a Division Bench judgment regarding ROPA 2009, the Court directed the respondents to pay interest at 8% per annum from February 14, 2020.

What did the court decide?

Payment of interest on revised gratuity and arrear pension @ 8% per annum from February 14, 2020 till the date of actual payment within four weeks.

Indra Bahadur Chhetri Vs the State of West… — Pension and Retirement Benefits | Calcutta HC (2021)

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14-12-2021 Court No.2 srm/46.

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Calcutta High Court

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In the Circuit Bench at Jalpaiguri

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W.P.A. No. 2422 of 2021

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Indra Bahadur Chhetri Versus

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The State of West Bengal & Ors.

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Mr. Sudip Sarkar Mr. Debajit Kundu

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…for the Petitioner.

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Mr. Subir Kumar Saha, Mr. Pretom Das

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…for the State.

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Affidavit of service filed in Court today be taken on

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record.

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The petitioner was an Assistant Teacher of a High School, who retired from service on 30-06-2019. The pension Payment Order was first issued in favour of the petitioner on 28-07-2020 and after introduction of ROPA, 2019, revised pension payment order was issued on 09-08-2021. The petitioner received the retirement benefits on 18-08-2021 on the basis of ROPA 2019.

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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, it was held that there could not be any dispute to the entitlement of interest on the amount of revised gratuity and revised arrear pension based on ROPA 2009, to be payable from May 19, 2009. Thus, in this case as well, the same ratio would apply with

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regard to payment of interest after ROPA, 2019 had come into effect.

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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 and revised arrear pension @ 8% per annum from February 14, 2020 till the date of actual payment within four weeks from the date of service of an authenticated copy of this order.

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Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court.

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With the aforesaid observation and directions, this writ

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application stands disposed of.

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There will, however, be no order as to costs.

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Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis.

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(Shampa Sarkar, J.)

Indra Bahadur Chhetri v. the State of West Bengal and Ors.

Case brief

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What did the court decide?

Indra Bahadur Chhetri v. the State of West Bengal and Ors.

Case brief

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What did the court decide?

What the court decided

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