Sabita Karmakar vs The State Of West Bengal & Ors
2021 Latest Caselaw 4738 Cal

Ct. 05 Item No.78 10.09.2021 (suvendu)

WPA 8197 OF 2021

(VIA VIDEO CONFERENCE)

Sabita Karmakar Vs.

The State of West Bengal & Ors.

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

Affidavit of service filed in Court today is

taken on record.

The husband of the writ petitioner was a

primary teacher, who superannuated on 31 st July,

2004. Due to retirement of the husband of the

writ petitioner, terminal benefits were released by

issuing Pension Payment Order dated 2 nd August,

2005. Pursuant to such Pension Payment Order,

dues were disbursed in favour of the husband of

the writ petitioner on 7th November, 2005.

Subsequently, the husband of the writ petitioner

died on 2nd March, 2007. 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 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 mater 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 retirement 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.)