Ramkrishna Ghose vs The State Of West Bengal & Ors
2021 Latest Caselaw 5314 Cal

Ct. 05 Item No.156 01.10.2021 (suvendu)

WPA 9147 OF 2021

(VIA VIDEO CONFERENCE)

Ramkrishna Ghose Vs.

The State of West Bengal & Ors.

Mr. Sandip Ghosh ..............for the petitioner Ms. Rupsha Chakraborty ..........for the State

Affidavit of service filed in Court today is taken

on record.

Petitioner is a retired Primary Teacher who

retired on superannuation with effect from 31 st May,

1996 and the first Pension Payment Order was

issued on 10th May, 1998 thereby retiral dues were

released in favour of the writ petitioner. Pursuant to

the revision of pay as per ROPA 1998, revised

Pension Payment Order was issued on 19 th February,

2002 and as per the said revised Pension Payment

Order, payment was made on 28 th June, 2004. Writ

petitioner prays for interest on delayed payment of

revised gratuity in terms of ROPA 1998.

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 17 th 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 revised gratuity

from 12th February, 1999, being the date of

notification relating to ROPA 1998 Rules, till the date

of actual disbursement of the revised 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.)