Calcutta High Court (Appellete Side)
Tapes Chandra Saha vs The State Of West Bengal & Ors on 1 October, 2021
W.P.A. 13920 of 2021
173 01.10.2021
Ct.05
(Through Video Conference)
rkd
Tapes Chandra Saha
-vs-
The State of West Bengal & Ors.
Ms. Sabita Khutia (Bhunya)
....for the petitioner.
Mr. Malay Krishna De,
Mr. Sayan Ganguly
....for the State.
Affidavit-of-service filed in Court is kept with
the record.
The writ petitioner is a retired teacher, who
superannuated on 31st August, 2008. After
superannuation of the writ petitioner, first Pension
Payment Order was issued on 16th December, 2008
and as per the first Pension Payment Order
disbursement of retiral dues were made in his favour
on 6th March, 2009. Subsequently, due to revision of
pay as per ROPA 2009 revised Pension Payment Order
was issued on 19th May, 2011 and payment as per said
revised pension payment order was made in favour of
the writ petitioner on 6th July, 2021. Writ petitioner
claims interest on delayed payment of gratuity as per
first pension payment order as well as in terms of
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 the first pension payment
order from the date following the date of retirement till
the date of payment of gratuity in terms of first
Pension Payment Order as well as from 19th May, 2009
till date of actual disbursement of the revised gratuity
amount in favour of the retired teacher in terms of
revised pension payment order, 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.)
