Chand Mohammed v. The State Of West Bengal & Ors.

11.2018 o.273 W.P. 30268 (W) of 2017 Chand Mohammed -vs- The State of West Bengal & Ors.

Mr. Sukumar Sarkar for the Petitioner Mr. Sk. Afrojul Haque for the State 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 having attained the age of superannuation, the petitioner retired from service as an employee of the concerned School on 30.11.2010. Pension Payment Order was issued in favour of the petitioner on 09.03.2012 and the retirement benefits of the petitioner were released on 31.05.2016.

Although the petitioner was entitled to payment of arrear pension from the date of 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.

I have heard the learned Advocates for the parties and have also considered the orders passed by different Honble 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 2petitioner interest on gratuity @ 10% per annum from the date of retirement 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 certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

( Samapti Chatterjee, J.)