Hiro Mandal v. The State Of West Bengal And ORS.

20.12.2024 Item No.113 Court No.19 SK In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 21672 of 2024 Hiro Mandal -Vs- The State of West Bengal & Ors.

Ms. Arpita Saha ......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 husband of the petitioner was an approved Assistant Teacher of a primary school and retired from his said service on superannuation on March 31, 2020 and expired on June 20, 2020.

The Pension Payment Order of the employee concerned was issued on December 14, 2020 in pursuance whereof the petitioner received the gratuity and arrear Pension on January 05, 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 arrear pension 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 and the arrear amount of 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. 21672 of 2024 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.)