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Calcutta High CourtWPA/11856/2024disposed

Ila Kundu v. State Of West Bengal And ORS.

2024-05-15Hon'Ble Justice Biswajit Basu2 pages

15.05.2024 Item No.226 Court No.18 SK W.P.A. 11856 of 2024 Ila Kundu -Vs- The State of West Bengal & Ors.

Mr. Dilip Kumar Maiti ......for the petitioner.

Ms Dipanwita Ghosh Chowdhury ... for the State.

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

The father of the petitioner was an approved Non Teaching Staff (Group - D) of a secondary school and retired from his service on superannuation on February 28, 1973 and expired on February 26, 2004. The mother of the petitioner was also expired on September 20, 2019.

The Pension Payment Order of the employee concerned was issued on January 25, 2024 in pursuance whereof the petitioner received the arrear Pension on January 30, 2024.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension for the delayed payment.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. 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 pension from the date of death 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. 11856 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.)