Mihir Kumar Ghosh vs The State Of West Bengal & Ors
2021 Latest Caselaw 5304 Cal

                                   W.P.A. 13913 of 2021
171   01.10.2021

Ct.05 (Through Video Conference) rkd

Mihir Kumar Ghosh

-vs-

The State of West Bengal & Ors.

Mr. Sandip Ghosh ....for the petitioner.

Mr. Manas Kumar Kundu ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

Writ petitioner is a retired teacher who retired

on 31st January, 2012. After retirement of the writ

petitioner pension payment order was issued on 26th

May, 2013 and pursuant to such pension payment

order retiral dues including gratuity were disbursed in

favour of the writ petitioner on 5th July, 2013. The writ

petitioner claims interest on delayed payment of

gratuity.

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 from the date following the date of

retirement of the writ petitioner till the date of actual

disbursement of the gratuity amount, 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.)