Moumita Mandal v. State Of West Bengal And ORS.

24.03.2023 (D/L-02) Ct.-18 (P.Jana) W.P.A. 14931 of 2022 Moumita Mandal -Vs- The State of West Bengal & Ors.

Mr. Shamim-ul Bari, Ms. Keya Sutradhar, .... For the Petitioner.

Ms. Debarati Sen (Bose), .... For the State.

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

The husband of the petitioner was an approved Assistant Teacher of a secondary school and died in harness while he was in service on June 1, 2014.

The Pension Payment Order of the employee concerned was issued on July 27, 2015 in pursuance whereof she received the gratuity and arrear family pension on September 01, 2015.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear family 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 arrear family pension from the date of death of the petitioner's husband 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. 14931 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.)