Debashis Kumar Ghosh v. State Of West Bengal And ORS.

07.08.2024.

PB Sl. No.170 ml.

Ct. No.14.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 5430 of 2024 Debashis Kumar Ghosh Vs.

State of West Bengal & Ors.

Mr. Sudipta Maiti.

......for the petitioner.

The petitioner retired from service on 30.09.2019 as a head teacher of a primary school. The pension payment order was issued on 28.02.2022 and the gratuity and arrear pension was disbursed on 31.03.2022. The petitioner claims interest on delayed payment of gratuity as also arrear pension.

I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral dues is delayed the retired employee is surely entitled to get some interest for such delayed payment. In the present case, it was the bounden duty of the State to disburse the pension and gratuity amount on the due date. If it has failed to do so and has

released such amount after unexplained delay, it is obliged to pay interest to the retired employee. In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 7% per annum on the gratuity and arrear pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.

The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the teacher.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

The writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)