Ashish Kumar Saha v. State Of West Bengal And ORS.

02.03.2021.

Item no. 135.

Court No.13 ap W.P.A. No. 8231 of 2020 (Through Video Conference) Ashish Kumar Saha

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri.

...For the petitioner.

Mr. Tarun Kumar Ghosh, Ms. Debarati Sen (Bose).

...For the State.

The writ petitioner superannuated from service on 28th February, 2015 as a Gram Panchayat Secretary/Sahayeka of Mitrapur Gram Panchayat under Murarai-II Block in the district of Birbhum. The petitioner has been paid pension and gratuity only on 28th February, 2020.

It is now well settled that delayed payment of retirement benefits for no fault of the employee, attracts interest.

The writ petitioner shall be paid interest on the delayed payment of pension as well as gratuity from the date of superannuation i.e. 28th February, 2015 till the date of actual payment at the rate of 7% per annum.

Let the interest component, as directed hereinabove, be released to the petitioner within a period of two months from the date of communication of a copy of this order.

In view of the aforesaid directions, the instant writ application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)