Gautam Tamang And ORS v. The State Of West Bengal And ORS

11.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 760 of 2023 Gautam Tamang & Ors.

-versusThe State of West Bengal & Ors.

Mr. Debjit Kundu ...For Petitioners Mr. Bikramaditya Ghosh Mr. Momenur Rahman ... For the State Affidavit of service filed in Court today, is taken on record.

The petitioner no. 1 claimed to be the widow of one Ambika Tamang, since deceased who was employed as an Assistant Teacher at Maybong High School, at District - Darjeeling. The deceased employee had died in harness on 11.10.2021 as would be evident from the relevant Death Certificate at page 12 to the writ petition. The petitioners claimed to be the claimant in respect of the retiral benefit of his deceased wife. The Pension Payment Order was issued by the concerned respondent on 01.06.2022. The petitioners had received Pension and gratuity under the Pension Payment Order on 17.01.2023 The petitioner was entitled to

pensionary benefit from the date of retirement, the same was not paid.

The petitioner now claims interest for the delayed payment of the said gratuity and arrear pension on and from 11.10.2021.

Mr. Ghosh, learned counsel 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 and arrear pension @ 8% per annum on and from the date of death of the wife of the petitioner no.1 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 760 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.)