Kalpana Roy & ORS v. State Of West Bengal & ORS

24.06.2022 Sl. No.322 pk W.P.A. 10902 of 2019 Kalpana Roy and others -VsThe State of West Bengal & Ors.

Mr. S. Kundu ... ... for the petitioner The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner's husband was an assistant teacher of a School and died in harness on 22.01.2007. Pension Payment Order was issued in favour of the petitioner on 02.04.2008 and the gratuity & arrear pension of the petitioner was released on 17.07.2008.

Although the petitioners were entitled to payment of pensionary benefit from the date of her retirement, the same was not paid. By presenting this writ petition, the petitioners pray 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 petitioners and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioners on gratuity & arrear pension @ 9% per annum from the date of retirement of the petitioner's husband 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.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)