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Calcutta High CourtWPA/13354/2022disposed

Sannyasi Sardar v. State Of West Bengal And ORS.

2022-09-15Hon'Ble Justice Biswajit Basu2 pages

15.09.2022 Item No.49 Court No.18 P.Jana.

W.P.A. 13354 of 2022 Sannyasi Sardar -Vs- The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya), ......for the petitioner.

Mr. Tapas Kumar Kundu, ... for the State.

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

The petitioner was an approved assistant teacher of a secondary school and retired from her service on superannuation on January 31, 2021.

The Pension Payment Order of the petitioner was issued on July 13, 2021 in pursuance whereof she received the gratuity and the arrear Pension on August 13, 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 pension and gratuity for the delayed payment.

The learned advocate for the State respondents does not raise any objection in allowing 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. 13354 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.)