Asit Kumar Malick vs The State Of West Bengal And Others
2021 Latest Caselaw 5566 Cal

08.10.2021 Court No.5 Item No.206 TN WPA 14231 of 2021

Asit Kumar Malick Vs.

The State of West Bengal and others

(Through Video Conference)

Mr. Sandip Ghosh ... for the petitioner

Mr. Anwari Quraishi, Mr. Zainab Tahur ... for the State

Affidavit of service filed in Court today is taken

on record.

Petitioner is a retired Primary School Teacher

who retired on superannuation on 31st December,

2019 and the Pension Payment Order was issued on

24th July, 2021 thereby releasing retiral dues in

favour of the writ petitioner. Pursuant to the said

Pension Payment Order, disbursement was made in

favour of the writ petitioner on 3rd September, 2021.

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.)