Alpana Das And ANR. v. State Of West Bengal And ORS.
rkd 09.01.2025 Ct.18 W.P.A. 285 of 2025 Alpana Das & Anr.
-vsThe State of West Bengal & Ors.
Mr. Asim Kumar Haldar, Mr. P. K. Neogi ....for the petitioners.
Ms. Sumitra Das ....for the State.
Affidavit-of-service filed in Court is kept with the record.
Legal heirs of deceased teacher who diedin-harness on 11th June, 2021 has approached this Court with the present writ petition praying for interest on delayed payment of gratuity. In support of the prayer of the petitioners reliance is placed on legal heir certificate dated 16th December, 2021 issued on behalf of the District Magistrate, Howrah declaring both the petitioners as legal heirs of the deceased teacher being wife and unmarried daughter.
It is further submitted that after death of husband of petitioner no.1 in harness on 11th June, 2021 Pension Payment Order was issued on 5th July, 2024 and terminal benefits including death gratuity were released in terms of said Pension
Payment Order. Petitioners pray for release of interest on gratuity due to delayed payment.
In view of legal heir certificate dated 16th December, 2021 which is enclosed to this writ petition at page 13 this Court does not find impediment in giving direction upon the respondent authorities to release interest in favour of the petitioners.
State respondents are represented by learned advocate.
Accordingly, the Director of Pension Provident Fund, and Group Insurance, West Bengal and the concerned Treasury Officer are directed to pay interest at the rate of 8% per annum to the writ petitioners on gratuity from the date following the date of death of the husband of the petitioner no.1 till the date of release of gratuity, within a period of eight weeks from the date of communication of this order.
Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.
With the above observation, the writ petition stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of the order,
if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)