Moni Bsak v. The State Of West Bengal And ORS.

01.07.2025 rc Item No.53

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1303 of 2025 Moni Basak

Versus

The State of West Bengal & Ors.

Mr. Debjit Kundu ...for the petitioner Mr. Momenur Rahaman Mr. Kumar Shantanu ...for the State Affidavit of service filed by the petitioner is taken on record.

The petitioner is the widow of Chandan Basak who was a teacher in the primary school and died in harness on September 23, 2012. Despite completing all the required formalities within due time, pension payment order was issued by the concerned authority on November 12, 2013 and the arrear pension and gratuity amount were disbursed in his favour of the petitioner on December 10, 2013. The petitioner has prayed for interest on the amount of arrear pension and gratuity paid to her due to the delay in disbursal of the same. Upon consideration of the submission made on behalf of the parties as well as the material on record, the writ petition is disposed of directing the Director of Pension, Provident Fund and Group Insurance, West

Bengal and the Treasury Officer, Alipurduar, being the 2nd and 4th respondents herein, to pay interest to the petitioner @8% per annum on the gratuity amount calculated from September 24, 2012 till the date of actual payment of the amount. Such payment shall be made within one month from the date of communication of this order.

With these observations, the writ petition is disposed of.

Since, no affidavit in opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. There will be no order as to costs.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)