Calcutta High Court (Appellete Side)
Chandi Charan Das vs The State Of West Bengal & Ors on 1 October, 2021
Ct. 05
Item No.162
01.10.2021
(sayandeep)
WPA 9796 of 2021
(VIA VIDEO CONFERENCE)
Chandi Charan Das
Vs.
The State of West Bengal & Ors.
Mrs. Sabita Khutia(Bhunya)
..............for the petitioner
Mr. Sipra Majumder
..........for the State
Affidavit-of-service filed in Court today is
taken on record.
Petitioner is a retired teacher who retired
on superannuation on 31st July, 2003 and
the Pension Payment Order was issued on
14th December, 2004 and as per the said
Pension Payment Order, retiral dues
including gratuity were paid to the writ
petitioner on 1st June, 2005. 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.)
