Subhas Sarkar v. State Of West Bengal And ORS.

10.05.2023 (S/L-141, M. List) Ct.-18 (P. Jana)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRITJURISDICTION APPELLATE SIDE WPA 13341 of 2022 Subhas Sarkar -versus- The State of West Bengal & ors.

Mr. Bidhan Biswas, ... for the petitioner.

Mr. Gautam Basu, ... for the State.

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

The petitioner was an approved Group-D staff of a Secondary School and retired from his service on superannuation on June 30, 2018.

The Pension Payment Order of the petitioner was issued on November 01, 2019 in pursuance whereof he received the gratuity and the arrear Pension on December 3, 2019.

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 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 pension and gratuity 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. 13341 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.)