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Calcutta High CourtWPA/16462/2022disposed

Tapati Bhattacharjee v. State Of West Bengal And ORS.

2023-07-28Hon'Ble Justice Biswajit Basu2 pages

28.07.2023 Item No.166 Court No.18 SK W.P.A. 16462 of 2022 Tapati Bhattacharjee -Vs- The State of West Bengal & Ors.

Mr. Arun Khutia ......for the petitioner.

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

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

The petitioner was an approved Headmistress of a secondary school and retired from her said service on superannuation on January 31, 2021.

The Pension Payment Order of the petitioner was issued on May 16, 2021 in pursuance whereof she received the gratuity on June 22, 2021.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity for the delayed payment.

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 from the date of retirement of the petitioner 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. 16462 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.)