Mantu Lal Mandal v. State Of West Bengal And ORS.

S/L 25 06.03.2025 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 27007 of 2024 Mantu Lal Mandal Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar Roy ... for the Petitioner.

Mr. Biswajit Dutta ... for the State.

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

The father of the petitioner was a Head Teacher of a Primary School, who died-in-harness on March 31, 1960. The mother of the petitioner did not receive family pension during her lifetime and had also died on November 28, 2011. The Pension Payment Order of the employee concerned was issued on April 17, 2023 in pursuance whereof the petitioner had received the gratuity and arrear family pension on May 17, 2023.

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 arrear family pension for the delayed payment of it.

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 arrear 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.

WPA 27007 of 2024 stands disposed of with the above directions without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. 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.)