Smt Durga Subba v. State Of West Bengal And ORS.

23.02.2022 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction (Via Video Conference) W.P.A. 293 of 2022 Smt. Durga Subba -versus The State of West Bengal & Ors.

Mr. Krishna Pada Santra.

...For the Petitioner.

Ms. Sunita Saha.

...For the State.

The petitioner is the widow of a deceased primary school teacher who died-in-harness on 12th February, 2014. Pension Payment Order was issued in favour of the widow on 31st December, 2014 and gratuity and the arrear pension amount was released in her favour in June 2015.

The petitioner prays for interest on account of the delayed payment of the gratuity and the arrear pension amount.

It appears that the respondent authorities issued Pension Payment Order on 31st December, 2014 and payment was made on 26th June, 2015. The respondent authorities ought to have released the gratuity and the arrear pension immediately after issuance of the Pension Payment Order.

The respondent authorities delayed in releasing the money in favour of the widow.

Accordingly, the Treasury Officer, Darjeeling is directed to grant interest @7% per annum to the petitioner from the period 1st January, 2015 till 25th June, 2015 on account of making delay in payment even though the Pension Payment Order was issued in favour of the petitioner.

Such payment is to be released within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)