Renu Upadhyay v. State Of West Bengal And ORS.

22.07.2022 Sl. No.35 gd/ssd

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI W.P.A. 1943 of 2022 Renu Upadhyay -VsThe State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ... 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 who died on 19.09.2010. Pension Payment Order was issued on 08.02.2019 and Gratuity and Arrear Pension of the petitioner was released on 05.07.2019. Although the petitioner was entitled to payment of pensionary benefit from the next date of death of her husband, the same was not paid. By representing 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 interest to the petitioner on gratuity and arrear pension @ 9% per annum from the next date of death of husband of the petitioner till the date of actual payment within 8 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.)