← Library
Calcutta High CourtWPA/1996/2023

Abani Mukherjee v. The State Of West Bengal And ORS

2023-08-25Hon'Ble Justice Moushumi Bhattacharya2 pages

25th August, 2023 Ct. 1 D/L 01 (Suvendu) CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WPA 1996 of 2023 Abani Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the petitioner.

Mr. Momenur Rahman ...for the State.

Affidavit of service filed in court today is kept with the record.

The learned Advocate for the petitioner submits that the wife of the petitioner was a Teacher of a High School and died on 04.01.2020. Pension Payment Order was issued on 31.03.2023 and the arrear amount of the petitioner was released on 18.05.2023.

Although the petitioner was entitled to payment of pensionary benefit from the date of death of the wife of the petitioner, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of arrear pension.

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 the petitioner

interest on arrear pension @ 9% per annum from the next date of death of the wife 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.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Moushumi Bhattacharya, J.)