Debala Bala Bir And ORS. v. State Of West Bengal And ORS.

02.05.2024 Sl. No.232 Ct. No. 13 Sws.M W.P.A. 10520 of 2024 Debala Bala Bir & Ors.

-VsThe State of West Bengal & Ors.

Mr. Goutam Malik ... for the petitioners Mr. Anubrata Santra ...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 husband of the petitioner No. 1 was a Teacher of a School, who died-inharness on 24.09.1986. Pension Payment Order was issued on 29.06.1999 and the Gratuity of the petitioner was released on 12.08.1999. Although the petitioner was entitled to payment of pensionary benefit from the date of his 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 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 @ 9% per annum from the 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.)