Suman Pal v. State Of West Bengal And ORS.

11.08.2023 Item No.218 Court No.18 SK W.P.A. 19001 of 2023 Suman Pal -Vs- The State of West Bengal & Ors.

Ms. Subhra Nag ......for the petitioner.

Mr. Manas Kumar Sadhu ... for the State.

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

The mother of the petitioner was an approved Assistant Teacher of a secondary school and retired from her service on superannuation on January 31, 2014 and expired on January 06, 2019.

The Pension Payment Order of the employee concerned was issued on November 30, 2021 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on February 20, 2023.

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 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. 19001 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.)