Kanika Biswas Bose v. State Of West Bengal And ORS.

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07.01.2025 07.01.2025 Ct. No. 18 (ARPAN) W.P.A. 28403 of 2024 Kanika Biswas Bose Vs.

The State of West Bengal & Ors.

Ms. Arpita Saha ...for the Petitioner Matter was taken up for consideration on 9th December, 2024 when State respondents were not represented. Learned advocate for the petitioner was directed to serve notice upon the learned advocate representing the State respondents. Pursuant to the order dated 9th December, 2024, notice dated 10th December, 2024 was served upon the learned advocate representing the State respondents. Notice is placed before this court and taken on record.

In spite of service of notice upon the learned advocate representing the State respondents, State respondents are not represented today.

Husband of the petitioner was Assistant Teacher who died-in-harness on 4th March, 2022. After death of husband of the petitioner pension payment order was issued on 10th February, 2023 thereby releasing terminal benefits including death gratuity in favour of the petitioner. Petitioner claims interest on gratuity due to delayed payment.

Accordingly, the Director of Pension Provident Fund and Group Insurance and the concerned Treasury

Officer are directed to pay interest at the rate of 8% per annum to the writ petitioner on gratuity from the date following the date of death of husband of the petitioner till the date of release of gratuity, within a period of eight weeks from the date of communication of this order. Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.

With the above observation, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)