Sikha Hazra v. State Of West Bengal And ORS.

20.01.2023 Item No. ML 261 Dt. 02.01.2023 Court No.18 SK W.P.A. 25569 of 2022 Sikha Hazra -Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra ......for the petitioner.

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 was an approved Assistant Teacher of a secondary school and died-inharness on September 29, 2017. The Pension Payment Order of the employee concerned was issued on September 05, 2019 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on September 16, 2019.

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 and the arrear family pension 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 gratuity and the

arrear amount of family pension 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. 25569 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.)