Joydeb Jana v. State Of West Bengal And ORS.

03.12.2021.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side (Via Video Conference) W.P.A. 17852 of 2021 Joydeb Jana -versus The State of West Bengal & Ors.

Ms. Sreyasree Choudhury.

...For the Petitioner.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the State respondents in spite of service.

The father of the petitioner was an Assistant Teacher. He retired from service on 30.11.1983 and expired on 22.01.2000.

His mother expired on 13.11.2005. The grievance of the petitioner is that the arrear pension amount was disbursed only on 24.12.2019. The petitioner claims interest on delayed payment of the arrear pension amount.

I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral dues is

delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it was the bounden duty of the State to disburse the revised arrear pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee.

In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the heir(s) of the employee at the rate of 7% per annum on the arrear family pension calculated on and from the due date till the date of actual payment.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

The concerned respondent authority is directed to take appropriate steps in accordance law against the erring officer(s) for whose fault there has been delay in releasing the retirement benefit to the petitioner. Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

The writ petition stands disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)