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Calcutta High CourtWPA/13169/2023disposed

Suparna Ray Pal v. State Of West Bengal And ORS.

2023-08-04Hon'Ble Justice Biswajit Basu2 pages

04.08.2023 Item No.176 Court No.18 AJ.

W.P.A. 13169 of 2023 Suparna Ray Pal -Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas.

......for the petitioner.

Mr. Jaydip Basu.

.....for the State.

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

The husband of the petitioner was an approved non-teaching staff (Clerk) of a secondary school and retired from his said service on superannuation on March 31, 2020 and expired on February 01, 2021.

The Pension Payment Order of the employee concerned was issued on June 09, 2022 in pursuance whereof the petitioner received the gratuity and the arrear Pension on September 01, 2022.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear family pension and 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 on the arrear amount of family pension and gratuity from the date of retirement of the husband 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. 13169 of 2023 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.)