Buddhanath Let v. State Of West Bengal And ORS.

04.08.2023 Item No.127 Court No.18 SK W.P.A. 445 of 2023 Buddhanath Let -Vs- The State of West Bengal & Ors.

Mr. Banshi Badan 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 wife of the petitioner was an approved Assistant Teacher of a secondary school and died-inharness on November 16, 2016. The Pension Payment Order of the employee concerned was issued on July 12, 2017 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on December 31, 2017.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and the arrear family pension 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 gratuity and the arrear amount of family pension 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. 445 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.)