Gita Banerjee v. State Of West Bengal And ORS.

14.11.2022 Item No.91 Court No.18 SK W.P.A. 15741 of 2022 Gita Banerjee -Vs- The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya) ......for the petitioner.

Mr. Rabindranath Pal ... 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 Group - D Staff of a secondary school and died-inharness on January 26, 2012. The Pension Payment Order of the employee concerned was issued on June 06, 2013 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on August 07, 2013.

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 the 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 the arrear amount of family pension from the date of death 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. 15741 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.)