Pratima Pal v. State Of West Bengal And ORS.

15.09.2022 Item No.9 Court No.18 P.Jana.

W.P.A. 13208 of 2022 Pratima Pal -Vs- The State of West Bengal & Ors.

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

Ms. Kakali Naskar, ... 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 Assistant Teacher of a secondary school who died-in-harness on January 18, 2021.

The Pension Payment Order of the deceased employee was issued on December 14, 2021 in pursuance whereof she received the gratuity and the arrear family Pension on December 21, 2021.

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 arrear family pension and gratuity 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 arrear amount of family pension and gratuity from the next date of death 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. 13208 of 2022 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.)