Sk. Jamal Uddin vs The State Of West Bengal & Ors
2021 Latest Caselaw 5036 Cal

                                     W.P.A. 9100 of 2021
203   24.09.2021

Ct.05 (Through Video Conference) rkd

Sk. Jamal Uddin

-vs-

The State of West Bengal & Ors.

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

Mr. Aishwarya Jayshree ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

Petitioner is a retired teacher who retired on

superannuation with effect from 31st December, 2018

and the first pension payment order was issued on 4th

February, 2019 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 15th March, 2019. Subsequently,

in terms of ROPA 2019 revised pension payment order

was issued 4th March, 2021 and payment as per said

revised pension payment order was made in favour of

the writ petitioner on 6th March, 2021. Writ petitioner

claims interest on delayed payment of gratuity as per

revised pension payment order.

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 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 as per revised pension payment

order issued in terms of ROPA 2019 from 14th

February, 2020 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.)