Satyajit Sinha And ORS. v. State Of West Bengal And ORS.

16.05.2024 Sl. No.221 Ct. No. 13 Sws.M W.P.A. 13074 of 2024 Satyajit Sinha & Ors.

-VsThe State of West Bengal & Ors.

Mr. Dilip Kumar Maiti ... for the petitioner Ms. Mousumi Banerjee ...for the State Affidavit of service filed in Court today be kept on record.

The learned advocate for the petitioner submits that the petitioner was a Teacher of a Primary School and retired from service on 31.12.1992 and died on 25.04.2019. Pension payment order was issued in favour of the petitioner on 16.10.2000 and the gratuity and arrear pension of the petitioner was released on 15.12.2000.

Although the petitioner was entitled to payment of pensionary benefit from the date of retirement of their father, 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 amount.

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

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with the documents of identity before making any disbursement as directed hereinabove. In the event the petitioner is not present, the matter shall be reported to the Registrar General of this Court for appropriate action.

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.)