Calcutta High Court (Appellete Side)
Kalpana Majhi vs The State Of West Bengal & Ors on 24 September, 2021
W.P.A. 8682 of 2021
187 24.09.2021
Ct.05
(Through Video Conference)
rkd
Kalpana Majhi
-vs-
The State of West Bengal & Ors.
Mr. Sandip Ghosh,
Ms. Sabita Khutia (Bhunia),
....for the petitioner.
Mr. Mrinal Kanti Biswas
....for the State.
Affidavit-of-service filed in Court is kept with
the record.
Petitioner is wife of retired teacher who retired
on superannuation with effect from 30th June, 2007
and the first pension payment order was issued on 12th
June, 2007 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 1st September, 2007.
Subsequently, in terms of ROPA 2009 revised pension
payment order was issued 20th June, 2012 and
payment as per said revised pension payment order
was made in favour of the writ petitioner on 26th
October, 2012. Meanwhile, husband of the writ
petitioner died on 16th February, 2019. The writ
petitioner, being widow of deceased retired teacher
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 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 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 Rs.8% per annum to the writ petitioner
on delayed payment of revised gratuity as per revised
Pension Payment Order from 19th May, 2009 till the
date of actual disbursement of the revised gratuity
amount in favour of the deceased husband of the writ
petitioner, 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.)
