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Calcutta High CourtWPA/915/2024disposed

Dilip Kumar Pattanayak v. State Of West Bengal And ORS.

2024-05-15Hon'Ble Justice Biswajit Basu2 pages

15.05.2024 (D/L-159) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 915 of 2024 Dilip Kumar Pattanayak -Vs- The State of West Bengal & Ors.

Mr. Sudipta Maity, .... For the Petitioner.

Mr. Vinay Kumar Purohit, .... For the State.

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

The petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on August 31, 2011.

The Pension Payment Order of the petitioner was issued on June 24, 2015 in pursuance whereof he received the gratuity amount on July 09, 2015.

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

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. 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 from the date of retirement of the petitioner 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 915 of 2024 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.)