Kalyan Kumar Lahiri vs The State Of West Bengal & Ors
2021 Latest Caselaw 5584 Cal

Ct. 05

08.10.2021 Sayandeep

WPA 14091 OF 2021

(VIA VIDEO CONFERENCE)

Kalyan Kumar Lahiri Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ..............for the petitioner Mr. D. Mukherjee Ms. Aishwarya Joyshree ..... for the State

Affidavit-of-service filed in Court today is

taken on record.

The writ petitioner is a retired teacher, who

superannuated on 31st January, 2019.

Subsequently first Pension Payment Order issued

on 2nd May, 2019 and as per the said Pension

Payment Order disbursement of retiral benefit was

made on 6th June, 2020. In terms of ROPA 2019

revised Pension Payment Order was issued on 24th

December, 2020 and disbursement as per revised

Pension Payment Order was made on 28th

December, 2020. The writ petitioner claims

interest on delayed payment of gratuity in terms of

revised Pension Payment Order.

The entitlement of the writ petitioner to interest

on delayed payment of gratuity due to

superannuation of the writ petitioner 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 revised gratuity as

per revised Pension Paytment Order from 14th

February, 2020 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.

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.)