Chhabi Pal vs The State Of West Bengal & Ors
2021 Latest Caselaw 5306 Cal

Ct. 05

01.10.2021 Sayandeep

WPA 13828 OF 2021

(VIA VIDEO CONFERENCE)

Chhabi Pal Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ..............for the petitioner Mr. Supriya Chattopadhyay Mr. Sabyasachi Mondal ...... for the State

The husband of the writ petitioner is a retired

teacher, who superannuated on 31st May, 2000.

After superannuation of the husband of the writ

petitioner, first Pension Payment Order issued on

9th March, 2002 and as per the said Pension

Payment Order, retiral dues including gratuity was

paid to the husband of the writ petitioner on 4th

July, 2002. Ultimately, husband of the writ

petitioner died on 14th February, 2021. The writ

petitioner, being widow of deceased retired teacher

claims interest on delayed payment of gratuity as

per Pension Payment Order.

The entitlement of the writ petitioner to interest

on delayed payment of gratuity due to

superannuation of husband of the writ petitioner has

already been decided in the writ petition being WP

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 mater 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 WP 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

Pension Payment Order from the date following the

date of retirement of the husband of the writ

petitioner till the 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 this order,

if applied for, is to be given to the parties upon

compliance with the necessary formalities.

(Saugata Bhattacharyya, J.)