Sujay Saha v. The State Of West Bengal And ORS

11.03.2024 Ct. 1 Item- 22 (Suvendu) CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WPA 504 of 2024 Sujay Saha

Versus

The State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the petitioner.

Mr. Hirak Barman Mr. Anirban Chatterjee ...for the State.

Affidavit of service filed in court today is kept with the record.

The learned Advocate for the petitioner submits that the petitioner's wife was an Assistant Teacher of a High School and the petitioner's wife was died-in-harness on 06.03.2021. Pension Payment Order was issued on 28.02.2022 and the gratuity and arrear amount of the petitioner was released on 08.03.2002.

Although the petitioner was entitled to payment of pensionary benefit from the next date of death, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of gratuity and arrear amount.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues. In view thereof, the writ petition stands disposed of with a direction

upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity and arrear pension @ 9% per annum from the next date of death till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Moushumi Bhattacharya, J.)