Hasena Begam v. The State Of West Bengal And ORS

07.06.2022 jb Item No.62

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 564 of 2022 Hasena Begam

Versus

The State of West Bengal & Ors.

Mr. Deboshri Dhar ...for the Petitioner Mr. Hirak Barman Mr. Momenur Rahaman ...for the State Affidavit of service filed in Court today is taken on record.

The husband of the petitioner was appointed as Primary School Assistant Teacher and superannuated on 30.11.2004. The husband of the petitioner breathed his last on 25.01.2008. Despite completing all pension related formalities within due time the pension payment order was issued by the concerned authority on 22.08.2005. The gratuity amount and arrear pension were disbursed on 30.12.2005. The petitioner has prayed for interest on the gratuity and arrear pension amount due to delay in disbursal of the same.

Upon consideration of the submission made on behalf of the parties and material on record, the concerned authority is directed to pay interest to the petitioner @ 8% per annum on the gratuity and arrear pension amount calculated from 01.12.2004 till the date

of actual payment of the amount. Such payment be made within one month from the date of communication of this order.

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)