Smritikana Mondal v. State Of West Bengal And ORS.

14.06.2022 Sl. No.218 ap W.P.A. 15234 of 2021 Smritikana Mondal -VsThe State of West Bengal & Ors.

Mr. Biswajit Mal.

... ... for the petitioner The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner's husband was an Assistant Teacher of a School and retired from service on 31.01.2019 and expired on 13.11.2020. Pension Payment Order was issued in favour of the petitioner's husband on 03.06.2019 and the gratuity amount of the petitioner's husband was released on 16.09.2019.

Although the petitioner's husband 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, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioner on gratuity amount @ 9% per annum from the next date of retirement of the petitioner's husband 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.)