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    Mrinal Kanti Barik v. The State Of West Bengal & Ors.

    Arijit Banerjee, J.:— Leave is granted to the writ petitioner to correct the address of the respondent No. 5 mentioned in the cause title of the writ petition.

    2. Affidavit-of-service filed in Court today be kept with the record.

    3. The material facts of the case are admitted and hence I have not called for affidavits.

    4. The petitioner's mother was appointed as a Primary School Teacher and died in harness on 15.06.2013 The grievance of the petitioner is that the gratuity amount was disbursed to him only on 08.09.2016 He claims interest on the delayed payment of the gratuity amount.

    5. It is now settled law that the gratuity amount is to be released to the retired employee immediately upon retirement. If there is a delay in releasing the gratuity amount, the retired employee is entitled to interest.

    6. Various orders have been passed by this Court holding that the retired employee is entitled to receive interest on delayed payment of gratuity. Some of such orders have been placed before me.

    7. Having heard the learned counsel for the parties and having regard to the orders of this Court passed in other matters, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 9% per cent per annum on the gratuity amount calculated from June 16, 2013 till actual date of payment.

    8. Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

    9. Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.

    10. WP No. 272 (W) of 2017 is, accordingly, disposed of.

    11. There will be no order as to costs.

    12. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

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    Mrinal Kanti Barik v. The State Of West Bengal & Ors.
    (Jan 24, 2017)