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Calcutta High CourtWPA/5494/2021disposed

Manibala Mondal v. State Of West Bengal And ORS.

2021-03-02Hon'Ble Justice Rajasekhar Mantha2 pages

02.03.2021 Ct. No.13 Sl. No.154 akd W.P.A. 5494 of 2021 [via video conference] [Manibala Mondal -Vs- The State of West Bengal & Ors.] Mr. Goutam Kumar Maity ... ... for the petitioner Ms. Anima Das Chakraborty ... ... for the State Affidavit of service filed in Court today be kept with the record.

The learned Advocate for the petitioner submits that the husband of the petitioner was a State Government employee and he retired from service on 30.11.1994. Pension Order was issued in favour of the petitioner on 05.05.2015 and the gratuity of the petitioner was released on 03.08.2015. 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 gratuity amount.

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 @ 9% per annum from the date of retirement of the husband 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 shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Rajasekhar Mantha, J.)