Dipti Rani Chandra v. State Of West Bengal And ORS.

06.03.2025 (M/L 171) March2025 Ct.-19 Sandip

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 21255 of 2024 Dipti Rani Chandra -VsThe State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ...For the Petitioner.

None appears on behalf of the State respondents.

The father of the petitioner was an approved Assistant Teacher of a Primary School who on attaining the age of superannuation, had retired from his service on December 31, 1985 and had died on September 10, 2008. The mother of the petitioner did not receive family pension during her lifetime and had also died on August 08, 2019.

The Pension Payment order of the employee concerned was issued on June 14, 2024, in pursuance whereof the petitioner had received the gratuity and arrear family pension on July 23, 2024.

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 and arrear family pension for the delayed payment of it.

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 amount of gratuity from the date when it was payable and also on the arrear family pension from the date of death of the concerned teacher till the date of payment of such amounts.

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. 21255 of 2024 stands disposed of with the above directions. There shall be no order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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.)