Droupadi Rabidas vs The State Of West Bengal & Ors
2021 Latest Caselaw 4737 Cal

Ct. 05 Item No.79 10.09.2021 (suvendu)

WPA 8258 OF 2021

(VIA VIDEO CONFERENCE)

Droupadi Rabidas Vs.

The State of West Bengal & Ors.

Mr. Sandip Ghosh Ms. Sabita Khutia (Bhunia) ..............for the petitioner

Affidavit of service filed in Court today is

taken on record.

The husband of the writ petitioner was a

primary teacher, who died in harness on 16 th

February, 2009. Due to the death of the husband

of the writ petitioner, terminal benefits were

released in favour of the writ petitioner by issuing

Pension Payment Order dated 18th February, 2010.

Pursuant to such Pension Payment Order, death

gratuity was disbursed to the writ petitioner on 5 th

April, 2010. The writ petitioner claims interest on

death gratuity due to delay in releasing the said

amount.

The entitlement of the writ petitioner to interest

on delayed payment of gratuity due to

superannuation of husband 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 matter

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 gratuity from the

date following the date of death of husband 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.

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.)