Nir Kumar Rai v. The State Of West Bengal And ORS

10.08.2023 Ct. No.2 b.das

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1825 of 2023 Nir Kumar Rai Vs.

The State of W.B. & Ors.

Mr. Anirban Chakraborty ...for the petitioner.

Mr. Subir Kr. Saha Ms. B. Bose ..for the State.

Affidavit of service filed by the petitioner is taken on record.

Heard learned counsels for the parties.

The petitioner was appointed as an assistant teacher of a primary school and superannuated on 30th April, 2005. Despite completing all pension related formalities within due time the pension payment order was issued by the concerned authority on 5th April, 2007. The gratuity amount and arrear pension were disbursed in favour of the petitioner on 2nd July, 2007. 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 1st May, 2005 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 the writ petition is disposed of.

However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)