Ashoke Kumr Das v. State Of West Bengal And ORS.

15.05.2024 (D/L-141) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 10573 of 2024 Ashoke Kumar Das -Vs- The State of West Bengal & Ors.

Mr. Arun Khutia, Ms. Debjani Sahu, .... For the Petitioner.

Mr. Pannalal Bandopadhyay, .... For the State.

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

The petitioner was an approved Group-D Staff of a secondary school and retired from his said service on superannuation on October 31, 2017.

The Pension Payment Order of the petitioner was issued on December 06, 2019 in pursuance whereof he received the gratuity and the arrear pension on December 20, 2019.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension and gratuity for the delayed payment.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner.

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 arrear amount of pension and gratuity from the date of retirement of the petitioner 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 10573 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.)