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Calcutta High CourtWPA/28097/2022disposed

Dadhi Gopal Goswami v. State Of West Bengal And ORS.

2023-05-12Hon'Ble Justice Biswajit Basu2 pages

12.05.2023 Item No.53 Court No.18 AJ.

W.P.A. 28097 of 2022 Dadhi Gopal Goswami -Vs- The State of West Bengal & Ors.

Mr. Uttam Kumar Roy.

......for the petitioner.

Mr. Anubrata Santra.

......for the State.

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

The petitioner was an approved Assistant Teacher of a secondary school and retired from his service on superannuation on September 30, 2020.

The Pension Payment Order of the petitioner was issued on November 03, 2020 in pursuance whereof he received the gratuity and the arrear Pension on June 24, 2021.

The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension and gratuity for the delayed payment.

The 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 arrear amount of pension and gratuity from the date of retirement of the petitioner 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. 28097 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.)