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Calcutta High CourtWPA/13753/2022disposed

Shib Shankar Ghosh v. State Of West Bengal And ORS.

2024-02-07Hon'Ble Justice Biswajit Basu2 pages

07.02.2024 Item No.29 Court No.18 AJ.

W.P.A. 13753 of 2022 Shib Shankar Ghosh -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

......for the petitioner.

Ms. Anima Das Chakraborty, Mr. Bishnu Pada Jana.

......for the State.

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

The petitioner was an approved Clerk of a secondary school and retired from his service on superannuation on February 29, 2012.

The Pension Payment Order of the petitioner was issued on January 01, 2013 in pursuance whereof he received the gratuity and the arrear Pension on April 21, 2013.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension for the delayed payment.

Learned Counsel 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 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. 13753 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.)