Nisha Mandal And ORS. v. State Of West Bengal And ORS.

20.12.2024 Item No.129 Court No.19 SK In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 30177 of 2024 Nisha Mandal & Ors.

-Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ......for the petitioners.

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

In spite of service none appears on behalf of the State-respondents.

The husband of the petitioner no. 1 and the father of the petitioner nos. 2 and 3 was an approved Head Teacher of a primary school, who died-inharness on December 24, 2023. The Pension Payment Order of the employee concerned was issued on August 21, 2024 in pursuance whereof the petitioners received the gratuity and arrear Pension on November 29, 2024. The petitioners are praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear pension for the delayed payment.

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 death 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. 30177 of 2024 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.)