Md Emajuddin v. State Of West Bengal And ORS.

04.05.2023 ML.121 Dt. 01.05.23 Court No.18 SK W.P.A. 1574 of 2023 Md. Emajuddin -Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas ......for the petitioner.

Mr. Samir Kumar Ghosh ... 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 November 30, 2020.

The Pension Payment Order of the petitioner was issued on June 07, 2021 in pursuance whereof he received the gratuity and the arrear Pension on July 03, 2021.

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 gratuity and the arrear pension 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 and the arrear amount of pension 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. 1574 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.)