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Calcutta High CourtWPA/5029/2021disposed

Naimuddin Ahamed v. State Of West Bengal And ORS.

2021-02-25Hon'Ble Justice Rajasekhar Mantha2 pages

25.02.2021 ct. No. 13 sl.148 sp W.P.A. No. 5029 of 2021 (Through Video Conference) Naimuddin Ahamed

Versus

The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya), ...For the petitioner.

Md. Mansoor Alam ..For the State.

Affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept on record. The learned Advocate for the petitioner submits that the petitioner was a Panchayat employee and retired from service on 29.02.2020. Pension Payment Order was issued in favour of the petitioner on 13.10.2020 and the Gratuity & Arrear Pension of the petitioner was released on 11.11.2020.

Although the petitioner was entitled to payment of pensionary benefit from the date of his retirement, 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 arrear pension & gratuity. 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.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity & arrear pension @ 9% per annum from the date of retirement 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.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Rajasekhar Mantha, J.)