Pratima Mondal v. Union Of India And ORS.

11.03.2024.

Court No. 13 Item no. 339.

sp W.P.A. No. 22052 of 2023 Pratima Mondal

Versus

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ..for the petitioner.

Ms. Nilanjana Dasgupta ..for the State 1.

Affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.

2.

The learned Advocate for the petitioner submits that the employee was an Assistant Teacher of a school and retired from service on 30.11.2016. Pension Payment Order was issued in favour of the petitioner on 30.06.2017 and Gratuity and Arrear Pension of the petitioner was released on 04.09.2017 and the employee died on 10.12.2021.

3.

Although the petitioner was entitled to payment of pensionary benefit from the date of his retirement, the same was not paid. By representing this writ petition, the petitioner prays for an order on the

respondents to award interest on delayed payment of arrear pension & gratuity.

4.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

5.

In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity and arrear pension @ 9% per annum from the date of retirement of the employee till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

6.

There will be no order as to costs.

7.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis..

(Rajasekhar Mantha, J.)