Nilotpal Chakraborty v. State Of West Bengal And ORS.

13.07.2023 Item No.84 Court No.18 SK W.P.A. 13465 of 2023 Nilotpal Chakraborty -Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra ......for the petitioner.

Mr. Barun Chatterjee ... for the State.

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

The wife of the petitioner was an approved Assistant Teacher of a secondary school and retired from her said service on superannuation on January 31, 2019 and expired on June 02, 2020.

The Pension Payment Order of the employee concerned was issued on March 14, 2022 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on March 14, 2022.

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 family pension 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 gratuity and the

arrear amount of family pension from the date of retirement 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. 13465 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.)