Sukumar Sarkar v. The State Of West Bengal And ORS

09.01.2024 Item No.104 gd/ssd WPA 25 of 2024 SUKUMAR SARKAR VS STATE OF WEST BENGAL & ORS.

M. Krishna Pada Santra ... for the petitioner Mr. Hirak Barman, Ms. Patralekha Chakraborty ... for the State Affidavit of service filed in court today is taken on record.

The petitioner who was a Karmee of the Gram Panchayet retired from service on 31.07.2021. The Pension Payment Order was issued on 18.04.2022.

In terms of the Pension Payment Order the gratuity and pension was disbursed in favour of the petitioner on 11.10.2022.

The petitioner claims interest for delayed payment of gratuity and interest.

Learned Advocate appearing for the petitioner placed reliance upon an order dated 04.07.2022 passed in WPA 1014 of 2022 wherein this Court directed the respondent authorities to pay interest to the petitioner at the rate of 9% per annum on the gratuity and arrear pension calculated on and from the date of following

the date of retirement to the petitioner till the date of actual payment.

The said decision is squarely complied with to the facts of this case.

Accordingly, WPA 25 of 2024 is disposed of by directing the Director of Pension, Provident Fund and Group Insurance being the respondent no. 2 and the Treasury Officer, Jalpaiguri-II, being the respondent no. 5 to pay interest to the petitioner at the rate of 9% per annum from the date following the date of actual payment. Such payment in terms of this order shall be made within a period of 16 weeks from the date of receipt of a server copy of this order.

Failing which an additional interest of 2 per cent per annum shall be payable to the petitioner. Since no affidavit-in-opposition has been called for, the allegations contained in the writ petition shall be deemed to have been admitted by the respondents. There shall, however, be no order as to costs. (HIRANMAY BHATTACHARYYA, J.)