Koushila Subba v. The State Of West Bengal And ORS

07.08.2023 A.P.

Item No.55

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1709 of 2023 Koushila Subba Vs.

The State of West Bengal & Others Mr. Anirban Chakraborty Mr. Ratan Chandra Roy ...for the Petitioner Mr. Hirak Barman.

Mr. Pretom Das ...for the State Affidavit of service filed in Court today is taken on record.

The husband of the petitioner was appointed as the Assistant teacher in Primary School and superannuated on 27th March, 2002.

Despite completing all pension related formalities within due time the pension payment order was issued by the concerned authority on 10th March, 2003. The gratuity amount and arrear pension were disbursed in favour of the petitioner on 7th July, 2004. The petitioner has prayed for interest on the gratuity and arrear pension amount due to delay in disbursal of the same.

Upon consideration of the submission made on behalf of the parties and material on record, the Director of Pension, Provident Fund and Group

Insurance, Government of West Bengal and the Treasury Officer, Darjeeling are directed to pay interest to the petitioner @ 8% per annum on the gratuity and arrear pension amount calculated from 28th March, 2002 till the date of actual payment of the amount. Such payment be made within one month from the date of communication of this order. With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

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

(Suvra Ghosh,J)