Sunita Saren And ORS v. State Of West Bengal And ORS.

28.02.2024.

Court No. 13 Item no. 211.

sayandeep W.P.A. No. 3702 of 2024 Sunita Saren & ors.

Versus

The State of West Bengal & Ors.

Ms. Sudipa Maiti ..For the petitioners.

1.

Despite service of notice, the respondents are not represented. The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

2.

The learned Advocate for the petitioner submits that the petitioner's husband was a Teacher of a primary school, who died-in-harness on 10.09.2018. Pension Payment Order was issued in favour of the petitioner on 06.04.2022 and the Gratuity amount of the petitioners was released on 30.06.2022.

3.

Although the petitioner was entitled to payment of pensionary benefit from the date of his death, 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 gratuity amount.

4.

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.

5.

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 amount @ 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. 6.

There will be no order as to costs.

7.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis.

(Rajasekhar Mantha, J.)