Abha Rani Ghosh v. State Of West Bengal And ORS.

09-02-2021 ct no. 13 Sl.44 sp WPA 2163 of 2021 Abha Rani Ghosh -VersusState of West Bengal & Ors.

Mr. Soumik Ganguli, Mr. Sayan Roy ...for the petitioner Md. Yasin Ali, Ms. Tapati Samanta ...for the State respondents Affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.

The learned Advocate for the petitioner submits that the husband of the petitioner was a State Government employee and he died in harness on 02.10.2013. Pension Order was issued in favour of the petitioner on 18.05.2015 and the arrear pension of the petitioner was paid on 31.08.2015.

Although the petitioner was entitled to payment of pensionary benefit from the date of death of her husband, the same was not paid.

By presenting this writ petition, the petitioner

prays for an order on the respondents to award interest on delayed payment of arrear pension. I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on arrear pension @ 9% per annum from the date of death of the husband of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)