Birendra Nath Bera v. State Of West Bengal And ORS.

22.01.2025 (D/L-60) Ct.-19 (SG)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 10947 of 2024 Birendra Nath Bera -Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra, .... 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 petitioner was an approved Assistant Teacher of a primary school and retired from his said service on superannuation on November 30, 2017.

The Pension Payment Order of the petitioner was issued on July 19, 2018 in pursuance whereof he received the gratuity and the arrear pension on August 10, 2018.

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 gratuity and arrear amount of pension 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 10947 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.)