Mukhtirani Das v. State Of West Bengal And ORS.

14.05.2024 Sl. No.90 ap W.P.A. 10522 of 2024 Muktirani Das -VsThe State of West Bengal & Ors.

Ms. Dipa Bhattacharya.

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

The learned Advocate for the petitioner submits that the husband of the petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.08.1995. Pension Payment Order was issued in favour of the petitioner on 07.06.2001 and the gratuity and arrear pension of the petitioner was released on 04.09.2001 and husband of the petitioner died on 03.10.2006. Although the petitioner was entitled to payment of pensionary benefit from the date of her husband's retirement, 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 arrear pension and gratuity amount.

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, this 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 next date of death of the husband 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.

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with the documents of identity before making any disbursement as directed hereinabove. In the event the petitioner is not present, the matter shall be reported to the Registrar General of this Court for appropriate action. 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.)