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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.)