Nabanita Das Ghosh v. State Of West Bengal And ORS.

25.11.2022 Item No.39 Court No.18 AJ.

W.P.A. 24250 of 2022 Nabanita Das Ghosh -Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas.

......for the petitioner.

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 was an approved Assistant Teacher of a Secondary school and he died-in-harness on January 27, 2019.

The Pension Payment Order of the concerned teacher was issued on October 27, 2021 in pursuance whereof the petitioner received the gratuity and arrear family pension on October 29, 2021.

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 arrear family pension and gratuity 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 arrear amount of family pension and gratuity from the date of death 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. 24250 of 2022 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.)