Tuku Rani Karati v. State Of West Bengal And ORS.

29.04.2024 Sl. No.62 SR W.P.A. 5713 of 2024 Tuku Rani Karati -VsThe State of West Bengal & Ors.

Ms. Sudipa Banerjee ... for the petitioner.

The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner's husband was a teacher of a school and dies-in-harness on 07.10.2018. Pension Payment Order was issued in favour of the petitioner on 13.05.2019 and the Gratuity & Arrear Pension of the petitioner was released on 30.09.2019.

Although the petitioner was entitled to payment of pensionary benefit from the date of death, 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 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, this 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 @ 9% per annum from the date of death 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.

The Treasury Officer shall verify as to whether the petitioner is present in person along with documents of identity 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 Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)