Mousumi Dey Sarkar And ORS. v. The State Of West Bengtal And ORS.

25.07.2025 Item No.58, DL Ct.17 A.J.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 9349 of 2025 Mousumi Dey Sarkar & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra.

... for the Petitioners.

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

None appears on behalf of the State respondent in spite of service.

The husband of the petitioner no.1 and the father of the petitioner nos.2 and 3 was an approved Librarian of a Library under the Department of Mass Education Extension & Library Services who died-in-harness on May 20, 2013.

The Pension Payment Order of the concerned employee was issued on March 07, 2014, in pursuance whereof, the petitioners had received the gratuity and the arrear pension on May 17, 2014.

The petitioners are praying interest on the arrear pension and gratuity for the delayed payment.

The law is now well-settled that for such delay in payment of pension and gratuity, the petitioners are entitled to interest.

The respondents, the concerned Treasury Officer in particular, therefore, are directed to pay interest @ 8% per annum on the arrear amount of pension and gratuity from the date of death of the concerned employee till the date of such payment.

The payment as directed above shall be made within the period of eight weeks from the date of communication of this order.

W.P.A 9349 of 2025 stands disposed of with the above terms. 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.)