Tapati Chakrabarti (Banerjee) vs The State Of West Bengal & Ors
2021 Latest Caselaw 4748 Cal

                                     W.P.A. 8117 of 2021
72    10.09.2021

Ct.05 (Through Video Conference) rkd

Tapati Chakrabarti (Banerjee)

-vs-

The State of West Bengal & Ors.

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

Mr. Tapan Pramanick, Mr. Bipin Ghosh ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

The writ petitioner's husband is a retired

assistant teacher in a primary school who was

superannuated on 31st January, 2000 and died on 1st

February, 2021. In connection with retirement of the

petitioner's husband Pension Payment Order was

issued on 27th May, 2002 and pursuant to such

Pension Payment Order, retiral dues was disbursed in

favour of the husband of the petitioner on 19th

August, 2002. There was a delay in releasing gratuity

in favour of the petitioner's husband and after death of

the husband petitioner has come up with the present

writ petition praying for interest on delayed payment of

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

retirement 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.)