Chanchal Kumar Sannigrahi v. State Of West Bengal And ORS.

19.07.2022 NS Ct.13 W.P.A No. 11348 of 2022 Chanchal Kumar Sannigrahi Vs.

The State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ... for the petitioner.

Affidavit of service filed in Court today be kept with the record. None appears on behalf of the respondents.

The petitioner was a teacher of a High School, who retired from service on 28.02.2019. The pension payment order was issued on 07.09.2021. The gratuity and arrear pension of the petitioner was disbursed on 24.09.2021.

Although the petitioner was entitled to payment of pensionary benefit from the date of his 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 arrear pension and gratuity.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by

different Hon'ble Judges on the writ petitions involving similar issues.

In view of the above and after hearing the learned Counsel for the parties, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the petitioner @ 9% per annum on the gratuity and arrear pension amount calculated on and from the immediate date of retirement till the date of actual payment. Such payment is to be made within a period of 16 weeks from the date of communication of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

With these observations, the writ petition is disposed of.

Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents. There shall be no order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Rajasekhar Mantha, J.)