Nurnehar Khatun vs The State Of West Bengal And Others
2021 Latest Caselaw 5561 Cal

08.10.2021 Court No.5 Item No.216 TN WPA 14386 of 2021

Nurnehar Khatun Vs.

The State of West Bengal and others

(Through Video Conference)

Mr. Sandip Ghosh ... for the petitioner

Mr. Amrita Lal Chatterjee ... for the State

Affidavit of service filed in Court today is taken

on record.

The writ petitioner is the wife of a deceased

teacher, who died in harness on 10th April, 2002.

After the death of the husband of the writ petitioner,

Pension Payment Order was issued on 20th July, 2004

and in terms of the said Pension Payment Order,

death benefits were released in favour of the writ

petitioner on 2nd September, 2004. Writ petitioner

claims interest on delayed payment of gratuity.

The entitlement of the writ petitioner to

interest on delayed payment of gratuity 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 death of the husband of the writ petitioner

till the date of disbursement 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.)