Anima Modak v. The State Of West Bengal And ORS

Form J(1) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Constitutional Writ Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri WPA 3200 of 2022 Anima Modak Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

For the State : Mr. Subir Kumar Saha, A.G.P Ms. Bedashruti Bose, Adv.

Heard & Judgment On : 1st February, 2023.

Affidavit of service is taken on record.

The petitioner was an approved Assistant Teacher of Deshapriya Smriti Vidyapith in the district of Coochbehar. She retired from her service on superannuation with effect from 31st July, 2016. She had completed all pension related formalities. The pension payment order was issued on 14th July, 2017.

However, the concerned authorities delayed in releasing the gratuity and arrear pension amount and the same was received only on 16th December, 2021. The petitioner herein seeks interest to be paid on

gratuity amount for the interim period of delay in receipt of gratuity and arrear pension.

The respondents did not oppose the prayer of the petitioner. In view of the above and after hearing the learned Advocates for the parties, I direct the Directorate of Pension, Provident Fund and Group Insurance, West Bengal and also the concerned treasury officer to pay interest to the petitioner at the rate of 8.5% per annum on the gratuity and arrear pension amount calculated from his date of superannuation till the date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

This writ petition is accordingly disposed of without however, any order as to costs.

The petitioners are at liberty to act on the server copy of this order.

(Bibek Chaudhuri, J.)