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Calcutta High CourtWPA/7757/2024disposed

Uma Rani Manna And ORS. v. State Of West Bengal And ORS.

2024-04-25Hon'Ble Justice Rajasekhar Mantha2 pages

25.04.2024 Sl. No.263 ap W.P.A. 7757 of 2024 Uma Rani Manna & Ors.

-VsThe State of West Bengal & Ors.

Ms. Sudipta Maiti.

... ... for the petitioners Despite service of notice, the respondents are not represented. Affidavit-of-service filed by the learned Advocate for the petitioners in Court today be kept with the record.

The learned Advocate for the petitioners submits that the petitioner no.1's husband was a Teacher of a Primary School, who died-in-harness on 03.03.2020. Pension Payment Order was issued in favour of the petitioner on 02.05.2022 and the gratuity of the petitioner was released on 27.06.2022.

Although the petitioners were entitled to payment of pensionary benefit from the date of the petitioner no.1's husband's 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 gratuity amount.

I have heard the learned Advocate for the petitioners 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 petitioners on gratuity @ 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 petitioners.

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.)