Gita Patra v. State Of West Bengal And ORS.

17.01.2023 Item No. ML 146 Court No.18 SK W.P.A. 26491 of 2022 Gita Patra -Vs- The State of West Bengal & Ors.

Mr. Banshi Badan Maity ......for the petitioner.

Ms. Jyotsna Roy Mukherjee ... for the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

The husband of the petitioner was an approved Non-Teaching Staff (Group - D) of a secondary school and died-in-harness on January 16, 2021.

The Pension Payment Order of the employee concerned was issued on May 05, 2022 in pursuance whereof the petitioner received the gratuity and the arrear family Pension on May 17, 2022.

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.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. 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. 26491 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.)