Mansura Bibi v. State Of West Bengal And ORS.

ss 15.05.2023 WPA 9874 of 2023 Mansura Bibi Vs.

The State of West Bengal & Ors.

Mr. Banshi Badan Maity ... ... for the petitioner Affidavit-of-service, filed in Court, is taken on record.

The petitioner claimed to be the widow of one Late Sofiur Rahaman, since deceased who was employed as an Assistant Teacher at Bishalaxmipur Puna Saha Mostania High Madrasah, District - South 24Pargahas. The deceased employee died on 09.06.2019 as would be evident from the relevant documents as page 12 to the writ petition. The widow claimed to be the sole claimant in respect of the death benefit of her deceased husband.

The Pension Payment Order was issued by the concerned respondent on 25.02.2020. The petitioner had received family pension and gratuity under the Pension Payment Order on 03.09.2020. The petitioner was entitled to pensionary benefit from the date of death of the deceased employee, the same was not paid. The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from 10.06.2019.

None appears for the State.

It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest.

In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the gratuity and on arrear pension @ 8% per annum on and from the date of retirement till the date of actual payment being received by the petitioner in terms of the Pension Payment Order.

The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

On the above terms, this writ petition being WPA 9874 of 2023 stands disposed of, without any order as to costs.

Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)