Barnali Roy v. The State Of West Bengal And ORS

15.05.2024 (D/L-108) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 4070 of 2024 Barnali Roy -Vs- The State of West Bengal & Ors.

Ms. Arpita Saha, .... For the Petitioner.

Mr. S. K. Gupta, .... For the State.

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

The husband of the petitioner was an approved Group-'D' Staff of a Secondary school and he died-in-harness on April 07, 2020.

The Pension Payment Order of the employee concerned was issued on April 27, 2021 in pursuance whereof the petitioner received the gratuity and arrear family pension on June 03, 2021.

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-respondents does not oppose the prayer of the petitioner.

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. 4070 of 2024 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.)