Suresh Kumar Rai v. The State Of West Bengal And ORS

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 19.02.2024 adeb WPA 239 of 2024 Suresh Kumar Rai Vs.

The State of West Bengal & Ors.

Mr. Anirban Chakraborty ...for the petitioner Mr. Pretom Das Mr. Bikash Singha ...for the State Affidavit-of-service filed in Court is kept with the record.

Petitioner is a retired teacher, who superannuated on 4th November, 2008.

On superannuation of the writ petitioner Pension Payment Order was issued releasing retiral dues including gratuity. The Pension Payment Order is at page 13 of the writ petition. Petitioner prays for interest on delayed payment of gratuity which has been paid to the petitioner as per the Pension Payment Order.

State-respondents are represented by learned advocate who does not dispute issuance of Pension Payment Order in favour of the petitioner for release of retiral dues.

Accordingly, the Director of Pension Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest at the

rate of Rs.8% per annum to the writ petitioner on gratuity from the date following the date of superannuation of the petitioner till the date of actual disbursement of the gratuity amount in favour of the petitioner, within a period of eight weeks from the date of communication of this order. Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.

With the above observation, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)