Mira Rani Dolai And ORS v. State Of West Bengal And ORS.

20.03.2024 Item No.96 Court No.18 SK W.P.A. 27014 of 2023 Mira Rani Dolai & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Krishna Pada Santra ......for the petitioners.

Mr. S. M. Hassan, Ms. Anupama Yasmin ...for the State.

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

The husband of the petitioner no. 1 and the father of the petitioner nos. 2 and 3 were an approved Clerk of a secondary school and retired from his service on superannuation on July 31, 2018 and died on August 09, 2020.

The Pension Payment Order of the employee concerned was issued on March 16, 2022 in pursuance whereof the petitioners received the gratuity and the arrear Pension on April 01, 2022. The petitioners are praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and the arrear pension for the delayed payment.

Learned advocate for the State-respondents does not oppose the prayer of the petitioners. It is now well settled that the petitioners are 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 pension from the date of retirement 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. 27014 of 2023 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.)