Nirmalendu Banerjee v. State Of West Bengal And ORS.

12.04.2023 Item No.103 Court No.18 P.Jana.

W.P.A. 4956 of 2023 Nirmalendu Banerjee -Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra, ......for the petitioner.

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

In spite of service, none appears on behalf of the State-respondents.

The petitioner was an approved Headmaster of a secondary school and retired from his service on superannuation on December 31, 2020.

The Pension Payment Order of the petitioner was issued on November 08, 2021 in pursuance whereof he received the gratuity and the arrear Pension on November 16, 2021.

In the instant writ petition the prayer of the petitioner is 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.

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. 4956 of 2023 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.)