Luiza Bhengra v. State Of West Bengal And ORS.

20.12.2024 Item No.108 Court No.19 SK In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 14142 of 2024 Luiza Bhengra -Vs- The State of West Bengal & Ors.

Ms. Arpita Saha ......for the petitioner.

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

In spite of service none appears on behalf of the State-respondents.

The petitioner was an approved Head Teacher of a primary school and retired from her said service on superannuation on February 28, 2021.

The Pension Payment Order of the petitioner was issued on November 03, 2021 in pursuance whereof she received the gratuity and the arrear Pension on December 31, 2021.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and the arrear pension for the delayed payment.

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 on the gratuity and the

arrear amount of pension from the date of retirement of the petitioner 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. 14142 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.)