Askari Banu Bibi v. State Of West Bengal And ORS.

11.08.2023 Item No.252 Court No.18 SK W.P.A. 18359 of 2023 Askari Banu Bibi -Vs- The State of West Bengal & Ors.

Ms. Sudipa Banerjee ......for the petitioner.

Mr. Saptak Sanyal ... for the State.

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

The husband of the petitioner was an approved Assistant Teacher of a High Madrasah and died-inharness on May 05, 2018. The Pension Payment Order of the employee concerned was issued on December 05, 2020 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on January 04, 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 family pension for the delayed payment. Learned advocate for the State-respondents does not oppose the prayer of the petitioner. 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 family pension 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. 18359 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.)