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Calcutta High CourtWPA/6481/2024disposed

Nur Nehar Begum And ORS. v. State Of West Bengal And ORS.

2024-05-06Hon'Ble Justice Rajasekhar Mantha2 pages

06.05.2024 Court No.13 Item No.132 pk WPA 6481 of 2024 Nur Nehar Begum & Ors.

Vs.

The State of West Bengal and Ors.

Mr. B.B. Maity ... for the petitioners.

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

The learned Advocate for the petitioner submits that the husband of the petitioner No. 1 was a teacher of a school, who died in harness on 12.09.2021. Pension Payment Order was issued in favour of the petitioner on 05.12.2022 and the gratuity and arrear Pension of the petitioner was released on 12.01.2023.

Although the petitioner was entitled to payment of pensionary benefit from the date of death of the employee, 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.

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with the 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. 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 @ 9% per annum from the date of death of the husband of the petitioner no. 1, 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.

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.)