Sabita Chakraborty v. The State Of West Bengal And ORS

S/L 47 19.5.2025 Court No.2 SD CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION WPA 817 of 2025 Sabita Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the Petitioner.

Mr. Sumit Kumar Ms. Rima Sarkar ... for the State.

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

The husband of the petitioner was an Assistant Teacher of a secondary school, who died-in-harness on February 17, 2014.

The Pension Payment Order of the employee concerned was issued on November 12, 2014 in pursuance whereof the petitioner had received the gratuity and arrear family pension on December 4, 2014.

In the instant writ petition the prayer of the petitioner is a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and arrear family pension for the delayed payment of it.

Learned advocate for the State-respondent 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 and arrear family pension 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.

WPA 817 of 2025 stands disposed of with the above directions without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. 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.)