Rina Das v. State Of West Bengal And ORS.

25.01.2023 Item No.5 Court No.18 P.Jana W.P.A. 149 of 2023 Rina Das -Vs- The State of West Bengal & Ors.

Mr. Goutam Kumar Maity, ......for the petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

In spite of service, none appears on behalf of the State-respondents.

The husband of the petitioner was an approved Assistant Teacher of a secondary school who died in harness on October 16, 2020. The Pension Payment Order was issued on November 29, 2021 in pursuance whereof she received the gratuity and the arrear family Pension on January 26, 2022.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear family pension and gratuity for the delayed payment.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to

pay interest @ 8% per annum on the arrear amount of family pension and gratuity from the date of death of the employee concerned till the date of such payment.

The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order, in default the said arrear amount shall fetch an additional interest of 2% per annum.

W.P.A. 149 of 2023 stands disposed of, with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)