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Calcutta High CourtWPA/2086/2024disposed

Hira Rani Sardar v. State Of West Bengal And ORS.

2024-02-01Hon'Ble Justice Rajasekhar Mantha2 pages

01.02.2024 Sl. No.56 g.b.

W.P.A. 2086 of 2024 Hira Rani Sardar -VsThe State of West Bengal & Ors.

Mr. Goutam Kumar Maity ... for the petitioner Mr. Bhakti Prasad Das ... for the State.

The 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 petitioner's husband was a Panchayat Karmee of a Gram Panchayat and retired from service on 31.08.2011 and died on 28.05.2013. Pension Payment Order was issued in favour of the petitioner on 04.09.2012 and the gratuity and arrear Pension of the petitioner's husband was released on 08.10.2012.

Although the petitioner's husband was entitled to payment of pensionary benefit from the date of his retirement, the same was not paid. By representing this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension and gratuity.

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, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioner

on gratuity and arrear pension @ 9% per annum from the next date of retirement 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, on priority basis. (Rajasekhar Mantha, J.)