Ramala Rai v. The State Of West Bengal And ORS

14.03.2024 Item No.17 Court No.02 AJ.

In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction W.P.A. 577 of 2024 Ramala Rai -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

.... for the Petitioner.

Mr. Subir Kumar Saha, Ld. A.G.P., Mr. Sandip Guha Roy.

.....for the State.

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

The mother of the petitioner was an approved Junior Library Attendant of a Rural Library, Distrit : Darjeeling who died-in-harness on July 23, 2021.

The Pension Payment Order of the concerned employee was issued on December 12, 2023 in pursuance whereof the petitioner received the gratuity and arrear pension on January 03, 2024.

In the instant writ petition the petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of 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 gratuity amount 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. 577 of 2024 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.)