Kushal Rai v. State Of West Bengal And ORS.

12.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 747 of 2023 Kushal Rai -versusThe State of West Bengal & Ors.

Mr. Sudip Sarkar ...For Petitioner Mr. Subir Kumar Saha, Ld. A.G.P.

Mr. Pretom Das ... For the State Affidavit of service filed in Court today, is taken on record.

The mother of the petitioner was an approved Assistant Teacher at Mechi Primary School, District - Darjeeling who died in harness on 31.10.2020 The Pension Payment Order was issued by the concerned respondent on 18.01.2023. The petitioner had received Pension under the Pension Payment Order on 05.03.2023. The petitioner was entitled to death gratuity from the next date of death of the deceased employee, the same was not paid.

The petitioner now claims interest for the delayed payment of the said arrear family pension on and from 01.11.2020.

Mr. Saha, learned A.G.P. appears for the State. 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 deceased employee concerned till the date of actual payment being received by the petitioner in terms of the revised 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 747 of 2023 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(ANIRUDDHA ROY, J.)