Calcutta High Court (Appellete Side)
Aloke Kumar Das vs The State Of West Bengal & Ors on 1 October, 2021
W.P.A. 13969 of 2021
178 01.10.2021
Ct.05
(Through Video Conference)
rkd
Aloke Kumar Das
-vs-
The State of West Bengal & Ors.
Ms. Sabita Khutia (Bhunya)
....for the petitioner.
In spite of affidavit-of-service filed in Court
today no one appears on behalf of the State
respondents.
The writ petitioner is a retired teacher, who
superannuated on 31st January, 2007. After
superannuation of the writ petitioner, first Pension
Payment Order was issued on 16th April, 2007 and as
per the first Pension Payment Order disbursement of
retiral dues were made in his favour on 2nd June,
2007. Subsequently, due to revision of pay as per
ROPA 2009 revised Pension Payment Order was
issued on 27th July, 2010 and accordingly dues were
cleared including revised gratuity on 7th December,
2010. The writ petitioner claims interest on delayed
payment of gratuity as per revised Pension Payment
Order.
The entitlement of the writ petitioner to
interest on delayed payment of gratuity due to
superannuation has already been decided in the writ
petition being W.P.No.4600(W) of 2019 (Rabindra
Kumar Bhattacharjee vs State of West Bengal and
Ors.) wherein upon placing reliance on judgment of
the Apex Court in the case of Union of India vs.
Tarsem Singh, reported in (2008) 8 SCC 648 on
condoning delay in approaching the Court for payment
of interest on gratuity the said writ petition was
allowed by extending the benefit on delayed payment of
gratuity upon due consideration of the fact that there
is no accrual of third party interest and matter relates
to payment of retiral dues.
Taking note of the observations made by the
coordinate Bench in the order dated 17th April, 2019
passed in W.P. No. 4600(W) of 2019 (Rabindra Kumar
Bhattacharjee vs. State of West Bengal and Ors.)
this Court finds it apposite to grant interest on gratuity
to the writ petitioner due to delay in releasing the said
amount.
Accordingly, the Director of Pension Provident
Fund and Group Insurance and the concerned
Treasury Officer are directed to pay interest at the rate
of Rs.8% per annum to the writ petitioner on delayed
payment of gratuity as per revised pension payment
order from 19th May, 2009 till the date of actual
disbursement of the revised gratuity amount in favour
of the retired teacher, within a period of eight weeks
from the date of communication of this order.
Since no affidavit is called for, the allegations
contained in the writ petition are deemed not to have
been admitted.
With the above observation, the writ petition
stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of the order, if
applied for, be given to the parties, upon usual
undertakings.
(Saugata Bhattacharyya, J.)
