Radharani Marjit v. State Of West Bengal And ORS.

29.09.2022 SL. No.41 Court No.19 GB W.P.A. No. 22503 of 2022 Radharani Marjit

Versus

The State of West Bengal & Ors.

Mr. Pradip Paul.

...for the Petitioner.

Mr. Sudipto Panda, Mrs. Munmun Tewary.

... for the State.

Affidavit of service filed in Court today be taken on record.

The petitioner's husband was a Gram Panchayat Karmee of Padamkandi Gram Panchayat, who died-inharness on 12.09.2020. The pension Payment Order was issued in favour of the petitioner on 17.05.2022. The petitioner received the death gratuity and arrear pension on 02.06.2022.

The grievance of the petitioner is that interest on delayed payment of death gratuity and arrear pension has not been paid.

Similar orders have already been passed by this Court, by which retired employees were granted interest for delayed payment of arrear pension.

Gratuity and arrear pension are no longer a bounty to be handed out by the State at its whim. An employee has a right to receive gratuity and arrear pension as also interest on delayed payment of the same.

The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 8% per annum on the death gratuity and arrear pension amount from the date of death till the actual date of disbursement.

Such payment is to be made within three months from the date of communication of the certified copy of this order to the concerned authorities.

Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court. With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis. (Shampa Sarkar, J.)