Sandip Kumar Bhattacharya v. State Of West Bengal And ORS.

22.07.2022.

Item no. 86.

Court No.13 ap W.P.A. No. 15122 of 2021 Sandwip Kumar Bhattacharya

Versus

The State of West Bengal & Ors.

Mr. Animesh Mookherjee, Md. Ali Ahasan.

...For the petitioner.

Mr. Somenath Basu.

...For the State.

The writ petitioner retired as an Assistant Headmaster of Kubirpur High School (HS), District - Birbhum on 31st January, 2020. He received his retiral benefits on 2nd January, 2021 of a sum of Rs.38,32,789/-.

The petitioner claims interest on delayed payment of terminal benefits for eleven months. It is now well settled that every employee under the State is entitled to terminal benefits on time since there is no other source of income immediately after retirement.

It is also well settled that delayed payment of any terminal benefits would attract interest. In that view of the matter, the respondents shall pay interest to the petitioner on the said sum of Rs. 38,32,789/- for a period of eleven months at the rate of 7% per annum. The said payment shall be made within a period of one month from the date of

communication of a copy of this order to the Bank Account of the petitioner in which he is receiving pension. In default of payment of interest within the time stipulated hereinabove, the rate of interest shall stand increased to 2% per annum.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)