PURNA CHANDRA SARKAR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2016-10-20
HIGH COURT OF CALCUTTA
Decided on October 05,2016

PURNA CHANDRA SARKAR Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (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.;


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