Sibani Maity Das v. State Of West Bengal And ORS.

26.03.2025 Item No.189, DL Court No.19 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 4568 of 2025 Sibani Maity Das -Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury.

......for the petitioner.

Ms. Rituparna Maitra.

......for the State.

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

The petitioner was an approved Assistant Teacher of a primary school and retired from her said service on superannuation on February 28, 2021.

The Pension Payment Order of the petitioner was issued on August 17, 2021 in pursuance whereof she received the gratuity and the arrear pension on January 04, 2022.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension and gratuity for the delayed payment.

Learned Advocate for the State respondent 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 pension and gratuity from the date of retirement of the petitioner 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. 4568 of 2025 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.)