Gourimaya Pradhan v. The State Of West Bengal And ORS

29.09.2021 Sl. No.30 akd Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 1483 of 2021 [via video conference] [Gourimaya Pradhan -Vs- The State of West Bengal & Ors.] Mr. Biswajit Mal ... ... for the petitioner Mr. Bikramaditya Ghosh Ms. Bedashruti Bose ... ... for the State Affidavit of service filed in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner's husband was appointed as Assistant Teacher in primary school and he retired from service on 30.09.2013. Pension Order was issued in favour of the husband of the petitioner on 26.09.2014 and the gratuity and arrear pension of the petitioner's husband was released on 02.01.2015.

He thereafter died on 06.02.2020.

Although the petitioner's husband was entitled to payment of pensionary benefit from the date of his retirement, 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 gratuity and arrear pension.

I have heard the learned Advocate for the parties and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity as well as arrear pension @ 9% per annum from the date of retirement of the petitioner's husband 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 shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Rajasekhar Mantha, J.)