Dilip Kumar Misra v. State Of West Bengal And ORS.

Court No. 13 W.P.A. 16622 of 2023 21.02.2024 Dilip Kumar Misra (Item No. 102) VS The State of West Bengal & Ors.

(g.b.) Mr. Arunava Banerjee Ms. Simantika Dasgupta Ms. Ritika Mandal Sk. Qareeb ...... for the petitioner Mr. Sujit Gupta ... for the State The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned advocate for the petitioner submits that the petitioner was a primary teacher of a school and retired from service on 30.04.2013. Pension Payment Order was issued in favour of the petitioner on 11.07.2014 and the gratuity and Arrear Pension amount of the petitioner was released on 30.08.2014.

Although, the petitioner was entitled to payment of pensionary benefit from the date of his retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension and gratuity.

I have heard the learned advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioner on gratuity and arrear pension amount @ 9% per annum from the date of retirement of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Rajasekhar Mantha, J.)