Gobinda Prasad Dandapat And ORS. v. State Of West Bengal And ORS.

06.03.2025 (D/L-124) Ct.-19 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 56 of 2025 Gobinda Prasad Dandapat & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Sreyasree Choudhury, .... For the Petitioner.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

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

The husband of the petitioner no. 1 and the father of the petitioner nos. 2 and 3 was an approved Assistant Teacher of a primary school, who died-in-harness on August 4, 2022.

The Pension Payment Order of the employee concerned was issued on August 25, 2023 in pursuance whereof the petitioners received the gratuity and the arrear family pension on October 06, 2023.

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 arrear amount of pension and gratuity 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 56 of 2025 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.)