Ashoke Kumar Hazra vs The State Of West Bengal & Ors
2021 Latest Caselaw 5308 Cal

Ct. 05 Item No.167 01.10.2021 (sayandeep)

WPA 12889 of 2021

(VIA VIDEO CONFERENCE)

Ashoke Kumar Hazra Vs.

The State of West Bengal & Ors.

Mr. Mrinal Kanti Maity Mr. Animesh Samanta ..............for the petitioner Mr. Supriya Chattopadhyay Mr. Sabyasachi Mondal ..........for the State

Affidavit-of-service filed in Court today is

taken on record.

Petitioner is a retired teacher who retired

on superannuation on 30th November, 2017

and subsequent to his retirement Pension

Payment Order was issued on 25th

September, 2018 and according to the said

Pension Payment Order, entire retiral dues

including gratuity were paid to the writ

petitioner on 2nd December, 2018. 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 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 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.

All parties to act on the server copy of

this order downloaded from the official

website of this Hon'ble Court.

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.)