Mitali Das v. State Of West Bengal And ORS.

16.01.2023 Item No.51 Court No.18 SK W.P.A. 16829 of 2022 Mitali Das -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 mother of the petitioner was an approved Group - D Staff of a secondary school and died-inharness on February 23, 2017. The Pension Payment Order of the employee concerned was issued on August 10, 2021 in pursuance whereof the petitioner received the gratuity on September 08, 2021.

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 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 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. 16829 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.)