TUSHAR KANTI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was an assistant teacher in a secondary school. On reaching the age of superannuation he retired on February 28, 2002. Though he was entitled to retirement benefits including pension, only provisional pension was sanctioned. Since his retirement benefits remained unpaid, he moved this writ petition dated August 26, 2004. The pension payment order has been issued only on September 16, 2009. It is submitted that this step has been taken in view of order made by this Court in the pending writ petition. Ultimately, retirement benefits payable according to law have been paid, but without interest.

(2.) COUNSEL for the petitioner submits that the petitioner is entitled to interest for delay in payment of retirement benefits. Counsel for the respondents submits that the additional secretary of the education department directed the district inspector of schools concerned to issue a show cause to the institute that grossly failed in the discharge of its duties in that it did not submit the requisite papers to the district inspector of schools for processing the petitioner's pension papers. He says that the state is not at fault, and that the delay has occasioned entirely for lapses on the part of the institute against which the State intends to proceed in accordance with law.

(3.) FOR these reasons, 1 dispose of the writ petition ordering that the State shall pay the petitioner interest on the retirement benefits at the rate of ten per cent per annum from March 1, 2002 till the date of actual payment of the benefits. Payment in compliance with this order shall be made within four weeks from the date of communication of this order to the secretary of the education department concerned. There shall be no order for costs.