Bela Saha v. State Of West Bengal And ORS.

24.06.2022 Court No.13 Jalpaiguri Circuit Bench Item No.6 AP

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI WPA 1477 of 2022 Bela Saha -VsThe State of West Bengal & Ors.

Mr. Krishna Pada Santra ... ... for the petitioner The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept on record.

The learned Advocate for the petitioner submits that the husband of the petitioner was a teacher of a School and retired from service on 30.09.2003. Pension Payment Order was issued on 23.08.2006 and the gratuity & Arrear Pension of the petitioner was released on 16.02.2007. The husband of the petitioner died on 16.02.2005.

Although the petitioner was entitled to payment of pensionary benefit from the date of retirement of her husband, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension and gratuity.

I have heard the learned Advocate for the petitioner and have also considered the orders

passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity and arrear pension @ 9% per annum from the next date of retirement of the husband of the petitioner till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)