Rita Saha v. State Of West Bengal And ORS.

11.08.2023 Item No.244 Court No.18 SK W.P.A. 18306 of 2023 Rita Saha -Vs- The State of West Bengal & Ors.

Ms. Sudipa Banerjee ......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 husband of the petitioner was an approved Assistant Teacher of a secondary school and retired from his service on superannuation on September 30, 2020 and expired on February 13, 2023.

The Pension Payment Order of the employee concerned was issued on December 10, 2020 in pursuance whereof the employee concerned received the gratuity and the arrear Pension on August 31, 2021.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and the arrear pension 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 gratuity and the

arrear amount of pension from the date of retirement 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. 18306 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.)