Malini Hembram v. State Of West Bengal And ORS.

26.03.2025 Item No.62 Court No.19 SK In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 8834 of 2024 Malini Hembram -Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas ......for the petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

In spite of service none appears on behalf of the State respondents.

The husband of the petitioner was an approved Head Teacher of a primary school who died-inharness on May 24, 1998. The Pension Payment Order of the employee concerned was issued on September 13, 2002 in pursuance whereof the petitioner received the gratuity and arrear Pension on May 13, 2003.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear pension for the delayed payment.

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 gratuity and the arrear amount of pension from the date of death of

the employee concerned till the date of such payment.

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. 8834 of 2024 stands disposed of with the above directions. There shall be no order as to costs.

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.)