Shyamal Kumar Samanta vs The State Of West Bengal & Ors
2021 Latest Caselaw 5046 Cal

                                       W.P.A. 9108 of 2021
204   24.09.2021

Ct.05 (Through Video Conference) rkd

Shyamal Kumar Samanta

-vs-

The State of West Bengal & Ors.

Mr. Sudip Sarkar ....for the petitioner.

Mr. Mrinal Kanti Biswas ....for the State.

Affidavit-of-service filed in Court is kept with

the record.

Son of the deceased teacher has filed the

present writ petition. The father of the writ petitioner

died on 31st May, 2000. Prior to death of the father of

the writ petitioner who was a teacher superannuated

on 30th November, 1997. After the superannuation of

the father of the writ petitioner pension payment order

was issued vide Memo dated 18th March, 2002. As per

the said pension payment order retiral dues were

released in favour of the mother of the writ petitioner

on 27th April, 2002. Thereafter, the mother of the writ

petitioner died on 16th December, 2004. Hence, the

writ petitioner being son of the deceased teacher on

filing the present writ petition claimed interest on

delayed payment of gratuity.

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 gratuity from the date following

the date of retirement of the father of the petitioner till

date of actual disbursement of 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 this order, if

applied for, is to be given to the parties upon

compliance with the necessary formalities.

(Saugata Bhattacharyya, J.)