Calcutta High Court (Appellete Side)
Biman Kumar Mandal vs The State Of West Bengal & Ors on 29 September, 2022
Author: Biswajit Basu
Bench: Biswajit Basu
29.09.2022
Item No.29
Court No.18
AJ.
W.P.A. 20907 of 2022
Biman Kumar Mandal
-Vs-
The State of West Bengal & Ors.
Mr. Banshi Badan Maity.
......for the petitioner.
Mr. Tapan Kumar Roy.
......for the State.
Affidavit-of-service filed by the learned
advocate for the petitioner be kept with the
record.
The petitioner was an approved Assistant
Teacher of a secondary school and retired from
his service on superannuation on December 31,
2020.
The Pension Payment Order of the
petitioner was issued on May 31, 2021 in
pursuance whereof he received the gratuity and
the arrear Pension on October 27, 2021.
In the instant writ petition the prayer of the
petitioner is a writ of mandamus be issued
commanding the respondents to pay interest on
the said amount of arrear pension and gratuity for the delayed payment.
Learned Advocate for the State respondents does not oppose the prayer of the petitioner.
It is now well settled that the petitioner is entitled to the interest, as prayed for. 2 The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest @ 8% per annum on the arrear amount of pension and gratuity from the date of retirement of the petitioner till the date of such payment.
The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order, in default the said arrear amount shall fetch an additional interest of 2% per annum.
W.P.A. 20907 of 2022 stands disposed of, with the above directions. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)