Sukumar Bhunia v. State Of West Bengal And ORS.

24.04.2024 Item No. 118 Court No.18 SK W.P.A. 28292 of 2023 Sukumar Bhunia -Vs- The State of West Bengal & Ors.

Mr. Keshab Chandra Das, Ms. Aparajita Mondal, Mr. Biplab Adak ......for the petitioner.

Ms. Shabnam Farooqui ...for the State.

Affidavit-of-service and supplementary affidavit to the writ petition filed by the learned advocate for the petitioner be kept with the record.

The petitioner by the said supplementary affidavit has corrected the date of retirement of the petitioner.

The petitioner was an approved Assistant Teacher of a secondary school and retired from his said service on superannuation on May 31, 2016. The Pension Payment Order of the petitioner was issued on April 18, 2016 in pursuance whereof he received the gratuity and the arrear Pension on September 29, 2021.

The petitioner is 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 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 gratuity and the arrear amount of pension 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. 28292 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.)