Swapan Ghosh v. State Of West Bengal And ORS.

13.07.2023 Item No. 91 Court No.18 SK W.P.A. 13579 of 2023 Swapan Ghosh -Vs- The State of West Bengal & Ors.

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

Mr. Dwaipayan 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 Teacher-inCharge of a secondary school and retired from his said service on superannuation on July 31, 2021. The Pension Payment Order of the petitioner was issued on November 30, 2021 in pursuance whereof he received the gratuity and the arrear Pension on December 08, 2021.

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 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 pension 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. 13579 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.)