Shibani Mandal (Seal) v. State Of West Bengal And ORS.

24.04.2024 (D/L-37) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 16555 of 2022 Shibani Mandal (Seal) -Vs- The State of West Bengal & Ors.

Mr. Sandip Ghosh, Mr. Krishna Pada Ghosh, .... For the Petitioners.

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 husband of the petitioner was an approved Assistant Teacher of a Secondary school and died-in-harness on January 15, 2016.

The Pension Payment Order of the employee concerned was issued on September 07, 2017 in pursuance whereof she received the gratuity and arrear family pension on November 11, 2017.

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 arrear family pension and 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 arrear amount of family pension and gratuity 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. 16555 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.)