Menaka Pal v. State Of West Bengal And ORS.

14.12.2023 Sl. No.265 ap W.P.A. 27144 of 2023 Menaka Pal -VsThe State of West Bengal & Ors.

Mr. Krishnapada Santra.

... ... for the petitioner Mr. Satyajit Mahata.

....for the State.

Affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record. The learned Advocate for the petitioner submits that the husband of the petitioner was a Teacher of a School, who retired from service on 31.10.2003 and died on 09.04.2019. Pension Payment Order was issued in favour of the petitioner on 12.12.2022 and the gratuity and arrear pension of the petitioner's husband was released on 31.12.2022.

Although the husband of the petitioner was entitled to payment of pensionary benefit from the next date of retirement of her husband, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by different

Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay interest to the petitioner on arrear pension @ 9% per annum from the next date of retirement of the husband of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)