Arati Mondal v. State Of West Bengal And ORS.

22.01.2025 (D/L-62) Ct.-19 (SG)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 11017 of 2024 Arati Mondal -Vs- The State of West Bengal & Ors.

Ms. Dipa Bhattacharya, .... For the Petitioner.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

In spite of service, none appears on behalf of the State-respondent.

The husband of the petitioner was an approved Assistant Teacher of a primary school. The said teacher retired from his said service on superannuation on November 30, 2013 and expired on July 17, 2021.

The Pension Payment Order of the employee concerned was issued on August 12, 2014 in pursuance whereof the concerned employee received the gratuity and the arrear family pension on September 5, 2014.

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.

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 family pension and gratuity from the date of retirement of the employee concerned 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 11017 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.)