Pronati Roy vs The State Of West Bengal & Ors
2021 Latest Caselaw 4744 Cal

                                     W.P.A. 8120 of 2021
73    10.09.2021

Ct.05 (Through Video Conference) rkd

Pronati Roy

-vs-

The State of West Bengal & Ors.

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

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

The writ petitioner's husband was a teacher in

a Government aided school who died in harness on

15th August, 1997. Due to death of the husband of

the writ petitioner in harness terminal benefits were

released in favour of the writ petitioner by issuing

Pension Payment Order dated 19th March, 2002.

Pursuant to such Pension Payment Order

disbursement was made on 29th June, 2002. There

was a delay in releasing death gratuity in favour of the

writ petitioner. Writ petitioner claims interest on

delayed payment of death gratuity.

The entitlement of the writ petitioner to

interest on delayed payment of gratuity due to

superannuation of her husband has already been

decided in the writ petition being W.P.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 W.P. 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 the 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 the order, if

applied for, be given to the parties, upon usual

undertakings.

(Saugata Bhattacharyya, J.)