Lalita Maity (Prasad) v. State Of West Bengal And ORS.

09.02.2024 Sl. No.26 Dd/Mithun WPA 2311 of 2024 Lalita Maity (Prasad) -Vs The State of West Bengal & Ors.

Mr. Krishnapada Santra ... ... for the petitioner Mr. Bibekananda Tripathy Mr. Kaustav Chatterjee ... ...For the State The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the husband of the petitioner was an Assistant Teacher of a School and retired from service on 31.05.2020. Pension Payment Order was issued in favour of the petitioner on 14.12.2020 and the gratuity and arrear pension of the petitioner was released on 02.06.2021. The employee concerned died on 06.07.2023.

Although the petitioner was entitled to payment of pensionary benefit from the date of retirement 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 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, this 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 date of retirement 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, on priority basis. (Rajasekhar Mantha, J)