Manoj Kumar Bera v. State Of West Bengal And ORS.

20.01.2023 Item No. ML 254 Dt. 02.01.2023 Court No.18 SK W.P.A. 16933 of 2022 Manoj Kumar Bera -Vs- The State of West Bengal & Ors.

Mr. Sudipta Maiti ......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 Assistant Teacher of a secondary school and retired from his said service on superannuation on March 31, 2018. The Pension Payment Order of the petitioner was issued on September 04, 2018 in pursuance whereof he received the gratuity on November 30, 2018.

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 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. 16933 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.)