Calcutta High CourtWPA/2772/2022disposed

Sarala Thapa v. State Of West Bengal And ORS.

2022-09-29Hon'Ble Justice Shampa Sarkar2 pages

29.09.2022 SL. No.35(DL) Court No.19 srm In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side W.P.A. No. 2772 of 2022 Sarala Thapa

Versus

The State of West Bengal & Ors.

Mr. Debajit Kundu, Mr. Haripada Nayak ...for the Petitioner.

Affidavit of service filed in Court today is taken on record. Despite service, none appears on behalf of the Staterespondents. The petitioner's husband was a Staff of the Panchayat Department under the control of the Block Development Officer, Jorebunglow, District-Darjeeling, who died on 09.06.2020 while he was in service. The pension payment order was issued on 26.04.2021. The petitioner received the family pension and death gratuity on 25.06.2021. The grievance of the petitioner is that interest on the delayed payment of death gratuity and family pension has not been paid.

Gratuity and pension are no longer a bounty to be handed out by the State at its whim. The family of the deceased employee has a right to receive death gratuity and family pension as also interest on delayed payment of the same.

The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 8% per annum on the death gratuity and family pension amount from the date of death of the petitioner's husband till the actual date of disbursement.

Such payment is to be made within three months from the date of communication of the certified copy of this order to the concerned authorities.

Needless to mention, that before any such disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant who has approached this court.

With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for be given to the petitioner on priority basis. (Shampa Sarkar, J.)