Sunila Adhikary v. The State Of West Bengal And ORS

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

33 11.4.2023 Sc Ct. no.22 WPA 784 OF 2023 -------------- Sunila Adhikary Vs.

The State of West Bengal & Ors.

Mr. Debajit Kundu .....For the Petitioner Mr. Subir Kumar Saha Mr. Pretom Das.

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

Mr. Subir Kumar Saha, learned Additional Government Pleader appeared for the State.

The petitioner claimed to be the widow of one Sarendra Nath Adhikary since deceased who was employed as an Assistant Teacher at Uttar Chikliguri No.2 N. P. Primary School, District - Alipurduar. The employee had died on 22.12.2009 as would be evident from the relevant Death Certificate at page 11 of to the writ petition. The widow claimed to be the sole claimant in respect of the retiral benefit of her deceased husband.

The Pension Payment Order was issued by the concerned respondent on 12.10.2010. The petitioner had received pension and gratuity under the Pension Payment Order on 04.11.2011. 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 22.12.2009.

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 death of her husband 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 784 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.)