Uma Pandey v. State Of West Bengal And ORS.

22.08.2022 Sl. No.662 pk W.P.A. 12555 of 2022 Uma Pandey -VsThe State of West Bengal & Ors.

Mr. Chandan Dutta ... for the petitioner Mr. P. K. Bhattacharya ... for the State.

The affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.

The learned Advocate for the petitioner submits that the petitioner was an assistant teacher of a school and retired from service on 31.07.2011. Pension Payment Order was issued in favour of the petitioner on 20.03.2013 and the gratuity of the petitioner was released on 04.06.2013 in terms of ROPA 2009. The petitioner claims interest on delayed payment of the gratuity amount. Although the petitioner was entitled to payment of pensionary benefit from the date of his retirement, the same was not paid. By representing 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 thereof, the 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 @ 9% per annum from the next date of retirement of the petitioner 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.)