Biswanath Kayal v. State Of West Bengal And ORS.

15.06.2022 Sl. No.182 AP WPA 15195 of 2021 Biswanath Kayal -VsThe State of West Bengal & Ors.

Mr. Banshi Badan Maity ... ... for the petitioner Affidavit of service filed in court today is kept with the record.

The learned advocate for the petitioner submits that the petitioner was a teacher of a school and retired from service on 31.01.2020. Pension Payment Order was issued in favour of the petitioner on 03.11.2020 and the Gratuity amount of the petitioner was released on 22.12.2020.

Although the petitioner was entitled to payment of pensionary benefit from the date of her retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of gratuity.

I have heard the learned advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity amount @ 9% per annum from the next date of retirement of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)