Sima Roy v. State Of West Bengal And ORS.

30.08.2022 Sl. No.2 pk

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI W.P.A. 2395 of 2022 Sima Roy -VsThe State of West Bengal & Ors.

Ms. Monalisa Maity ... for the petitioner Mr. Samir Kumar Ghosh ... for the State.

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 an Assistant Teacher of a secondary school and died-in-harness on 09.02.2020. Pension Payment Order was issued in favour of the petitioner on 01.12.2021 and the arrear pension amount of the petitioner was released on 03.12.2021. 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 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 retirement 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.)