Mira Maji And ORS v. State Of West Bengal And ORS.

25.11.2022 (D/L-52) Ct.-18 (Susanta) W.P.A. 24314 of 2022 Mira Maji & Ors.

-Vs- The State of West Bengal & Ors.

Ms. Sudipa Biswas, .... For the Petitioners.

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 No.1 was an approved Non-teaching Staff (Group-D) of a Secondary school and retired from his service on superannuation on December 31, 2017 and he died on January 12, 2019 .

The Pension Payment Order of the concerned staff was issued on September 08, 2021 in pursuance whereof the petitioner received the gratuity and arrear pension on October 08, 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 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 pension and gratuity from the date of retirement of the husband of the petitioner no.1 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. 24314 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.)