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Calcutta High CourtWPA/17426/2022disposed

Malati Pakhira v. State Of West Bengal And ORS.

2023-12-14Hon'Ble Justice Rajasekhar Mantha2 pages

14.12.2023 Court No. 13 Item No. 335 sp W.P.A 17426 of 2022 Malati Pakhira -versus State of West Bengal & Ors.

Mr. Uttam Kumar Roy ...For the Petitioner.

Ms. Rupsha Chakraborty ...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 an Assistant Teacher of a school and retired from service on 31.08.2021. Pension Payment Order was issued in favour of the petitioner on 30.06.2022 and the gratuity & arrear pension of the petitioner was released on 13.07.2022.

Although the petitioner was entitled to payment of pensionary benefit from the date of her 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 & 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, this 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 & arrear pension @ 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 Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)