Writ petition filed by a retired teacher seeking interest on delayed payment of arrear pension and gratuity. The Court directed respondents to pay interest at 9% per annum, with an additional 2% if not paid within 16 weeks.
Direction to pay interest at 9% per annum plus 2% additional if not paid within 16 weeks.
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24.06.2022 Court No.13 Jalpaiguri Circuit Bench Item No.2 AP
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
WPA 1473 of 2022
Asha Devi Shankar
-Vs-
The State of West Bengal & Ors.
Mr. Sandip Ghosh
… … for the petitioner
The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept on record.
The learned Advocate for the petitioner submits that the petitioner was a teacher of a School and retired from service on 30.09.2020. Pension Payment Order was issued in favour of the petitioner on 19.03.2021 and the gratuity & Arrear Pension of the petitioner was released on 19.04.2021.
Although the petitioner was entitled to payment of pensionary benefit from the date of her retirement, 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 arrear pension and gratuity.
I have heard the learned Advocate for the petitioner and have also considered the orders
2
passed by different Hon’ble Judges on the writ petitions involving similar issues.
In view thereof, the writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay the petitioner interest on gratuity and arrear pension @ 9% per annum from the next date of retirement of the petitioner 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.
There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis.
(Rajasekhar Mantha, J.)
2 issues framed by the court
Whether the State should be directed to pay interest on delayed payment of arrear pension and gratuity.
What rate of interest and additional interest is payable for the delay period.
Asha Devi Shankar
The State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
