Dilip Kumar Kumbhakar v. State Of West Bengal And ORS.

Court No. 13 W.P.A. 5078 of 2024 Dilip Kumar Kumbhakar VS The State of West Bengal & Ors.

Mr. Jonaki Khan ...... for the petitioner The affidavit-of-service filed by the learned 21.05.2024 (Item No. 287) (BP) Advocate for the petitioner in Court today be kept with the record.

The learned advocate for the petitioner submits that the petitioner was a Head Teacher of a Primary School and retired from service on 31.07.2022. Pension Payment Order was issued in favour of the petitioner on 21.07.2023 and the gratuity and Arrear Pension of the petitioner was released on 01.08.2023.

Although, the petitioner was entitled to payment of pensionary benefit from the date of his retirement, the same was not paid. By representing this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension and 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, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest

to the petitioner on gratuity and arrear pension amount @ 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.

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with the documents of identify before making any disbursement as directed hereinabove. In the event the petitioner is not present, the matter shall be reported to the Registrar General of this Court for appropriate action. There will 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.

(Rajasekhar Mantha, J.)