Rabin Ranjan Sakhari v. State Of West Bengal And ORS.

07.03.2024 Sl. No.137 pk W.P.A. 24274 of 2022 Rabin Ranjan Sakhari and another -VsThe State of West Bengal & Ors.

Mr. K. K. Panda ... for the petitioner Ms. Paramita Pal ... for the State.

The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The learned Advocate for the petitioner submits that the wife of the petitioner no. 1 was an assistant teacher of a high school and she died-in-harness on 23.05.2018. Pension Payment Order was issued in favour of the petitioner on 09.10.2020 and the Gratuity & Arrear Pension of the petitioners was released on 11.11.2020. Although the petitioners were entitled to payment of pensionary benefit from the next date of death of deceased teacher, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension and gratuity.

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.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioners on gratuity and arrear pension @ 9% per annum from the next date of death of the wife of the petitioner no. 1 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.

There will be no order as to costs.

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