Mina Mandal v. State Of West Bengal And ORS.

07.09.2022 Sl.No.6(SL) Srm W.P.A. No.12375 of 2021 Mina Mandal Vs.

The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya) ...for the petitioner Mr. Manas Kundu, Mr. Sudip Sarkar ...for the State-respondents.

Affidavit-of-service is taken on record.

The petitioner's husband was an employee under Pukuria Gram Panchayat. The husband of the petitioner died on September 6, 2010, when he was in service. The Pension Payment Order was issued in favour of the petitioner on September 20, 2012. The death-cumretirement benefits were released on January 3, 2013. The petitioner prays for interest on delayed payment of pension.

There cannot be any dispute with regard to the entitlement of interest on delayed payment of gratuity and pension. Thus, in this case as well, the same principle will apply.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on the arrear pension @ 8% per annum from the date of death of the petitioner's husband, till the date of actual payment. Such payment shall be made within 12

weeks from the date of service of an authenticated copy of this order.

Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court.

With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis. (Shampa Sarkar, J.)