Madhumala Das v. State Of West Bengal And ORS.

03.04.2024 Item No.60 Court No.18 P. Jana

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 18371 of 2023 Madhumala Das -Vs- The State of West Bengal & Ors.

Mr. Chandan Dutta, ......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 petitioner was an approved Assistant Teacher of a secondary school and retired from her said service on superannuation on January 31, 2021.

The Pension Payment Order of the petitioner was issued on April 08, 2021 in pursuance whereof she received the gratuity on June 21, 2021.

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 gratuity from the date of retirement of the petitioner 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 amount shall fetch an additional interest of 2% per annum.

W.P.A. 18371 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.)