Dulali Hansda And ORS. v. The State Of West Bengal And ORS.

28.07.2023 (D/L-194) Ct.-18 (Susanta) W.P.A. 10174 of 2023 Dulali Hansda & Ors.

-Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas, .... For the Petitioners.

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

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

The husband of the petitioner no. 1 was an approved Assistant Teacher of a Secondary school and retired from his service on superannuation on July 14, 2017 and died on November 23, 2019.

The Pension Payment Order of the employee concerned was issued on March 31, 2022 in pursuance whereof the petitioners received the gratuity and arrear pension on April 18, 2022. In the instant writ petition the prayer of the petitioners is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity for the delayed payment.

It is now well settled that the petitioners are entitled to the interest, as prayed for.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest @ 8% per annum gratuity and arrear pension 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 10174 of 2023 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.)