Rabindra Nath Bhattacharjee v. State Of West Bengal And ORS.

05.04.2023 Item No.151 Court No.18 AJ.

W.P.A. 3780 of 2023 Rrabindra Nath Bhattacharjee -Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury.

......for the petitioner.

Mr. Aswini Kumar Bera.

......for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The wife of the petitioner was an approved Assistant Teacher of a Secondary school and she died-in-harness on June 13, 2003.

The Pension Payment Order of the employee concerned was issued on February 17, 2004 in pursuance whereof the petitioner received the gratuity and arrear family pension on September 01, 2016.

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 arrear family pension and gratuity for the delayed payment.

Learned Advocate for the State 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 arrear amount of family pension and gratuity from the date of death of the employee concerned 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. 3780 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.)