Shammi Akhtar Begum v. State Of West Bengal And ORS.

10.04.2024.

Court No. 13 Item no. 320.

sp W.P.A. No. 6093 of 2024 Shammi Akhtar Begam

Versus

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ..for the petitioner.

1.

Affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.

2.

The learned Advocate for the petitioner submits that the husband of the petitioner was a Head Master of a high school and he died-in-harness on 16.05.2020. Pension Payment Order was issued on 10.02.2022 and gratuity and arrear pension of the petitioner was released on 11.03.2022.

3.

Although the husband of the petitioner was entitled to payment of pensionary benefit from the date of death of her husband, 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 & gratuity.

4.

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.

5.

In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity and arrear family pension @ 9% per annum from the next 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.

6.

There will be no order as to costs.

7.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis.

(Rajasekhar Mantha, J.)