Tapati Sarkar v. State Of West Bengal And ORS.

23.02.2023 Item No.30 Court No.18 AJ.

In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 271 of 2023 Tapati Sarkar -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

......for the petitioner.

Ms. Jyotsna Roy Mukherjee.

......for the State.

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

The husband of the petitioner was an approved Assistant Teacher of a Secondary school and he died-in-harness on December 29, 2016.

The Pension Payment Order of the concerned teacher was issued on November 10, 2017 in pursuance whereof the petitioner received the gratuity and arrear pension on December 02, 2017.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear pension and gratuity for the delayed payment.

Learned Advocate for the State respondents does not oppose the prayer of the petitioner.

It is now well settled that the petitioner is 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. 271 of 2023 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.)