Jaydev Mahata v. State Of West Bengal And ORS.

20.12.2024 (D/L-84) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 13971 of 2024 Jaydev Mahata -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty, .... For the Petitioner.

Mr. Amit Kumar Ghosh, .... For the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The father of the petitioner was an approved Head Teacher of a Primary school who died-inharness on January 10, 2020. The Pension Payment Order of the employee concerned was issued on January 24, 2024 in pursuance whereof the petitioner received the gratuity and arrear pension on February 12, 2024.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity for the delayed payment.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest @ 8% per annum gratuity and arrear pension 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. 13971 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.)