Himangshu Kumar Roy v. The State Of West Bengal And ORS.

S/L 69 19.05.2025 Court No.2 (Susanta) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 1093 of 2025 Himangshu Kumar Roy -Vs- The State of West Bengal & Ors.

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

Mr. Nabankur Paul, Mr. Sandip Guha Roy, .... For the State.

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

The wife of the petitioner was an approved Assistant Teacher of a Secondary school, the said employee, on attaining the age of superannuation had retired from her said service on March 31, 1997 and had died on August 25, 2020.

The Pension Payment Order of the employee concerned was issued on April 03, 2012 in pursuance whereof she received gratuity and the arrear pension on May 05, 2012.

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 the arrear pension 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 gratuity and the arrear amount of pension from the date of retirement 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.

W.P.A 1093 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.)