Nabakumar Adak vs The State Of West Bengal And Ors
2021 Latest Caselaw 5567 Cal

08.10.2021 Court No.5 Item No.205 AP WPA 14230 of 2021

Nabakumar Adak Vs.

The State of West Bengal and Ors.

(Through Video Conference)

Ms. Sabita Khutia (Bhunya) ... For the Petitioner.

Ms. Jyotsna Roy Mukherjee ... For the State.

Affidavit of service filed in Court today is taken

on record.

Petitioner is a teacher who retired on

superannuation on 31st July, 2020 and the Pension

Payment Order was issued on 11th May, 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 2nd August, 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.)