Sasti Charan Kundu v. State Of West Bengal And ORS.

06.01 W.P.A. 114 of 2023 Sasti Charan Kundu -VersusState of West Bengal & Ors.

Ct.

No.

akb Mr. Sakti Pada Jana Ms. Sabita Khuti (Bhunya) ...For the Petitioner Mr. Lakshmi Naraya Banerjee ...For the State Respondents Affidavit-of-Service filed on behalf of the petitioner be taken on record.

The writ petitioner retired from service on superannuation as a Librarian of Sarasrati Sangha Pathagar, Village - Purba Sat, District - Purba Bardhaman on January 31, 2021. After his retirement, the pension payment order was issued by the authority concerned on February 02, 2022. The petitioner received gratuity amount and pensionary benefits on April 11, 2022.

The petitioner's case is that though he retired from service on 31st January, 2021, he received the gratuity amount and the amount of pensionary benefits on April 11, 2022. Hence he seeks a direction upon the concerned authority to pay interest to him for the belated payment of gratuity and pensionary benefits.

Learned Counsel appearing for the petitioner submits that getting the pensionary benefits is the legal right of the petitioner and pensionary amount is his property. He further submits that as per the Nationalised Savings Scheme for senior citizens, any deposit is made by a senior citizen now carries interest at the rate of 8% p.a. He further submits that had the petitioner received his pensionary benefits in time, the amount, which he would have received, would carry interest at the rate of 8% p.a. As such learned Counsel for

the petitioner prays for interest at the rate of 8% p.a. Having heard learned counsel appearing for the parties and on consideration of the documents annexed to the writ petition, I feel that the writ petition may be disposed of by passing the following direction.

Accordingly, the concerned respondent, especially the third respondent - the Treasury Officer, Kalna, P.O. and P.S. Kalna, District - Purba Bardhaman - is directed to pay interest at the rate of 8% p.a. on the delayed payment of gratuity and pensionary benefits from 1st February, 2021 till the date of final payment, within six weeks from the date of communication of this order.

With the aforesaid direction, WPA No. 114 of 2023 stands disposed of. No order as to costs.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. Urgent photostat copy of the order, if applied for, be supplied to the appellant on priority basis on compliance of necessary formalities, on priority basis.

( Rabindranath Samanta, J.)