Subrata Tripathy v. State Of West Bengal And ORS.

29.06.2022 Court No.13 Item No.384 AP WPA 10264 of 2022 Subrata Tripathy Vs.

The State of West Bengal & Ors.

Mr. Sayan De Mr. Kaustav Shome ... ... for the petitioner Mr. Yusuf Ali ... for the State Let the affidavit-of-service filed in Court today be kept on the record.

Learned Advocate appearing for the petitioner submits that having attained the age of superannuation, the petitioner retired from service as an Assistant Teacher of the school in question on 30.09.2020. Pension payment order was issued in favour of the petitioner on 18.02.2022 and retirement benefit of the petitioner was released on 22.02.2022. Although the petitioner was entitled to payment of pension from the date of retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of pension and gratuity.

I have heard the learned Advocate for the parties and also considered the order passed by different Hon'ble Judges on the writ petitions involving similar issues. It is reported that the State has accepted all such orders.

In view thereof, this writ petition stand disposed of with the direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity @ 9% per annum from the date of retirement till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner from the date of communication of this order till the date of actual payment.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Rajasekhar Mantha, J.)