Pratima Pratihar Pal And ORS v. State Of West Bengal And ORS.

11.08.2023 Item No.174 Court No.18 AJ.

W.P.A. 19211 of 2023 Pratima Pratihar Pal & Ors.

-Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas.

......for the petitioners.

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

None appears on behalf of the State respondents in spite of service.

The husband of the petitioner no.1 was an approved Headmaster of a secondary school who died-in-harness on June 20, 2020.

The Pension Payment Order of the concerned employee was issued on May 03, 2023 in pursuance whereof the petitioners received the gratuity and arrear family pension on May 18, 2023.

In the instant writ petition the prayer of the petitioners is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear family pension for the delayed payment.

It is now well settled that the petitioners are 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 arrear family pension amount from the date of death of the teacher 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. 19211 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.)