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Calcutta High CourtWPA/2174/2022disposed

Rama De v. State Of West Bengal And ORS.

2022-08-18Hon'Ble Justice Rajasekhar Mantha2 pages

18.08.2022 Sl. No.21 pk Circuit Bench of Calcutta High Court at Jalpaiguri W.P.A. 2174 of 2022 Rama De -VsThe State of West Bengal & Ors.

Ms. Tuhina Ghosh ... 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 petitioner's husband was a assistant teacher of a secondary school and died-in-harness on 30.12.2013. Pension Payment Order was issued in favour of the petitioner on 05.05.2022 and the gratuity of the petitioner was released on 23.05.2022.

Although the petitioner was entitled to payment of pensionary benefit from the date of his retirement, 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 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 @ 9% per annum from the next date of death 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.)