Mayna Bauri And ORS v. State Of West Bengal And ORS.

21.05.2024 (D/L-75) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 12297 of 2024 Mayna Barui & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty, .... 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 petitioner.

The husband of the petitioner no.1 was an approved Group-D staff of a secondary school and died-in-harness on June 18, 2018.

The Pension Payment Order of the employee concerned was issued on July 12, 2021 in pursuance whereof the petitioner no. 1 received the gratuity and arrear family pension on August 19, 2021.

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 arrear family pension and 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 on the arrear amount of family pension and gratuity 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 12297 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.)