Urmila Baidya vs The State Of West Bengal & Ors
2021 Latest Caselaw 5040 Cal

                                    W.P.A. 9022 of 2021
197   24.09.2021

Ct.05 (Through Video Conference) rkd

Urmila Baidya

-vs-

The State of West Bengal & Ors.

Mr. Manaranjana Sahu ....for the petitioner.

Ms. Tanusri Pal Chaudhuri ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

Writ petitioner is wife of the deceased teacher

who retired on 30th April, 1999. After retirement of the

husband of the writ petitioner pension payment order

was issued vide Memo dated 12th January 2002 and

pursuant to such pension payment order retiral dues

including gratuity were disbursed in favour of the

deceased husband on 1st April, 2002. The husband of

the writ petitioner died on 5th May, 2019. Writ

petitioner being the widow of the deceased teacher

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 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 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.)