Subhra Das Chakraborty And ORS v. State Of West Bengal And ORS.

04.08.2023 Item No.201 Court No.18 P.Jana.

W.P.A. 17866 of 2023 Subhra Das Chakraborty & ors.

-Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas, ......for the petitioners.

Mr. Kushal Biswas, .... for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The husband of the petitioner no. 1 was an approved Assistant Teacher of a secondary school who died-in-harness on February 10, 2019.

The Pension Payment Order of the employee concerned was issued on March 11, 2020 in pursuance whereof the petitioners received the gratuity and the arrear family Pension on August 22, 2020.

In the instant writ petition the prayer of the petitioners is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear family pension and gratuity for the delayed payment.

Learned advocate for the State-respondents does not oppose the prayer of the petitioners.

It is now well settled that the petitioners are 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 arrear amount of pension and 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. 17866 of 2023 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.)