Swapan Kumar Dey vs The State Of West Bengal & Ors
2021 Latest Caselaw 4740 Cal

10-09-2021 ct no. 05 Sl. 68 Sayandeep W.P.A. 5568 of 2021

Swapan Kumar Dey

-Versus-

The State of West Bengal & Ors.

(Via Video Conference)

Mr. Sourav Mitra Mrs. Sabita Khutia(Bhunia) Mr. Sandip Ghosh Mr. Tamal Tani Panda ...for the petitioner

Ms. Tanusri Pal Chudhuri ....for the State

Petitioner is a retired teacher who was

retired on superannuation on 30th November,

2019 and the pension payment order was issued

on 15th July,2020 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 14th

August, 2020. 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 matter 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 8 per cent 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.

Affidavit-of service filed in Court today is

taken on record.

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.)