Puspa Sing v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 3987 of 2023 Smt. Puspa Sing VS The State of West Bengal & Ors.
Mr. Arijit Bera ...... for the petitioner Affidavit of service filed in Court today, is Court No. 22 27.3.2023 (Item No. 73) (AB) taken on record.
The petitioner's husband was an approved Assistant Teacher at Bainan Bamandas High School (H.S.), District - Howrah. Petitioner's husband retired from his employment on December 31, 2017 and then petitioner's husband died on December 31, 2017.
The pension payment order was issued by the concerned respondent on December 20, 2022. The petitioner had received pension and gratuity under the pension payment order on December 28, 2022. The petitioner was entitled to pensionary benefit from the date of retirement, the same was not paid The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from January 01, 2018.
None appears for respondents.
It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest.
In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the gratuity and on arrear pension @ 8% per annum on and from the date of
retirement to till the actual payment being received by the petitioner in terms of the pension payment order. The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition being WPA 3987 of 2023 stands disposed of.
There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Aniruddha Roy, J.)