Laxmi Roy Layek v. The State Of West Bengal And ORS

S/L 67 19.05.2025 Court No.2 (Susanta) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 1091 of 2025 Laxmi Roy Layek -Vs- The State of West Bengal & Ors.

Mr. Anirban Chakraborty, .... For the Petitioner.

Mr. Pretom Das, Mr. Kumar Santanu, .... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner was an approved Assistant Teacher of a primary school and retired from her said service on superannuation on January 31, 2024.

The Pension Payment Order of the petitioner was issued on January 08, 2025 in pursuance whereof she received the gratuity and the arrear pension on January 14, 2025.

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 arrear pension and gratuity for the delayed payment.

Learned advocate for the State-respondents 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 arrear amount of pension and gratuity from the date of retirement of the petitioner 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.

W.P.A 1091 of 2025 stands disposed of with the above directions. There shall be no order as to costs.

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.)