Ramapati Kar v. State Of West Bengal And ORS.

04.08.2023 Item No.202 Court No.18 P.Jana.

W.P.A. 17871 of 2023 Ramapati Kar -Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas, ......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 daughter of the petitioner was an approved Assistant Teacher of a secondary school who died-in-harness on June 28, 2016.

The Pension Payment Order of the employee concerned was issued on December 09, 2022 in pursuance whereof the petitioner received the gratuity on February 09, 2023.

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 amount of 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. 17871 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.)