Lalmohan Chatterjee v. State Of West Bengal And ORS.

12.12.2023 Sl. No.337 pk W.P.A. 8058 of 2022 Lalmohan Chatterjee and another -VsThe State of West Bengal & Ors.

Ms. Sudipa Biswas ... for the petitioner Mr. Ranjit Rajak ... for the State.

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 wife of the petitioner No. 1 was an assistant teacher of a school, who died in harness on 10.04.2019. Pension Payment Order was issued in favour of the petitioner on 16.03.2022 and the gratuity and arrear Pension of the petitioner was released on 28.04.2022. Although the petitioner was entitled to payment of pensionary benefit from the date of his retirement, 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.

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 wife 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. 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.)