Rupali Maity v. State Of West Bengal And ORS.
06.01.2025 (M/L 03) Ct.-19 (Susanta)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 6700 of 2024 Rupali Maity -VsThe State of West Bengal & Ors.
Mr. Saktipada Jana, Ms. Sudipta Pramanik, ...For the Petitioner.
Affidavit-of-service filed on behalf of the petitioner be kept with the record.
In spite of service, none appears on behalf of the State respondents.
The father of the petitioner was an approved Assistant Teacher of a Primary School who on attaining the age of superannuation, had retired from his service on March 31, 1995 and had died on June 13, 2013. The mother of the petitioner did not receive family pension during her lifetime and had also died on March 01, 2014.
The Pension Payment order of the employee concerned was issued on December 12, 2022, in pursuance whereof the petitioner had received the gratuity and arrear family pension on December 28, 2022.
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 gratuity and arrear family pension for the delayed payment of it.
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 amount of gratuity from the date when it was payable and also on the arrear family pension from the date of death of the concerned teacher till the date of payment of such amounts.
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.6700 of 2024 stands disposed of with the above directions. There shall be no order as to costs.
Parties to act on the server copy of this order duly downloaded from the official website of this Court.
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.)