Sima Purkayastha v. State Of West Bengal And ORS.
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
11 12.04.2023 WPA 715 OF 2023 Sc Ct. no.22 -------------- Sima Purkayastha Vs.
The State of West Bengal & Ors.
Mr. Krishnapada Samanta ....For Petitioner Mr. Bikramaditya Ghosh Mr. Momenur Rahman. .
....For the State Affidavit-of-service, filed in Court, is taken on record.
Mr. Bikramaditya Ghosh, learned counsel appeared for the State.
The husband of the petitioner was an approved Assistant Teacher at Saptiguri Junior Basic School, District - Darjeeling. He died-inharness on 16.3.2022. The Pension Payment Order was issued by the concerned respondent on 04.1.2023. The petitioner had received pension and gratuity under the Pension Payment Order on 04.01.2023. The petitioner was entitled to pensionary benefit from the date of death, the same was not paid.
The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from 17.3.2022.
It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest.
In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the gratuity @ 8% per annum on and from the date of death of the employee concerned till the date of actual payment being received by the petitioner in terms of the Pension Payment Order.
The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order. In default, the said arrear amounts and the entitlement of the petitioner shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition being WPA 715 of 2023 stands disposed of, without any order as to costs.
Photostat certified of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)