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Calcutta High CourtWPA/3304/2020disposed

Nupur Ghosh v. State Of West Bengal & ORS

2020-09-03Hon'Ble Justice Arijit Banerjee2 pages

03.09.2020.

WPA 3304 of 2020 abhar/bdutta Nupur Ghosh Vs State of West Bengal & Others (Via Video Conference) Ms. Sabita Khutia (Bhunya).

... For Petitioner Affidavit-of-service filed in Court today be kept with the record.

Nobody appears for the State respondents.

The material facts of the case are admitted and hence I have not called for affidavits.

The petitioner was appointed as a High School Assistant Teacher and retired from service on 30.11.2017. The pension payment order was issued on 15.10.2018. The gratuity amount and the arrear pension was paid to the petitioner on 20.11.2018. The petitioner claims interest on delayed payment of gratuity and pension.

I have heard learned counsel for the petitioner and I have considered the orders passed by this Court in similar facts. It is settled law that a retired employee is entitled to some amount of interest on delayed payment of gratuity and pension.

In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 9% per annum on the gratuity amount as well as arrear pension for the period from 01.12.2017 till 20.11.2018.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.

WPA 3304 of 2020 is, accordingly, disposed of. There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on priority basis. (Arijit Banerjee, J.)