Arup Dube And ORS v. State Of West Bengal And ORS.

06.03.2025 (D/L-113) Ct.-19 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 15975 of 2024 Arup Dube & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Dilip Kumar Maiti, .... For the Petitioner.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

In spite of service, none appears on behalf of the State-respondent.

The father of the petitioners was an approved Assistant Teacher of a primary school who retired on February 28, 1994 and died on November 28, 2008.

The mother of the petitioners had also expired on February 10, 2022.

The Pension Payment Order of the employee concerned was issued on August 09, 1999 in pursuance whereof the father of the petitioners received the gratuity and the arrear pension on December 15, 2000.

In the instant writ petition the prayer of the petitioners is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension and gratuity for the delayed payment.

It is now well settled that the petitioners are 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 and gratuity from the date of retirement of the employee concerned 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 15975 of 2024 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.)