Calcutta High Court (Appellete Side)
Matangini Sarkar vs The State Of West Bengal & Ors on 14 February, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
14.02.2017
R W.P. No.3362 (W) of 2017
Matangini Sarkar
v.
The State of West Bengal & Ors.
Mr. Goutam Kr. Maity
... for the Petitioner.
Ms. Manika Pandit
... for the State
The affidavit of service filed by the learned Advocate for the petitioner in Court today be
kept on record.
Despite service of notice, none appears on behalf of the respondents.
Ms. Manika Pandit, learned Advocate, is present in Court today. She is requested to appear for the State respondent in this matter. Her appointment be regularised by the Office of the learned Government Pleader.
The petitioner's husband was a Panchayat Karmi of Dogami Gram Panchayat, Murshidabad. He died on 12th April, 2000 while he was in service. Pension Payment Order was issued in favour of the petitioner's deceased husband on 9th January, 2004 and payment was made 24th February, 2004.
Although the petitioner was entitled to payment of gratuity at least by 12th April, 2000, 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 gratuity.
I have heard the learned Advocates for the parties and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues. It is reported that the State has accepted all such orders.
In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity @ 10% per annum from the date of death of the petitioner's husband i.e. 12th April, 2000 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. 2 ( Samapti Chatterjee, J. ) nb