Calcutta High Court
Pulak Bhar vs The State Of West Bengal & Ors on 4 April, 2022
OD-3
ORDER SHEET
WPO No.275 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Original Side
PULAK BHAR
VS.
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 4th April, 2022.
Mr. Debdutta Basu, Advocate ...for the Petitioner.
Mr. Soham Bandopadhyay, Mr. Aditya Chaturvadi, Advocates
...for WBTC.
Mr. S. Banerjee, Mr. A.K. Nag, Advocates ..for State.
The Court:-Report in form of an affidavit filed on behalf of the
respondent No.1 is taken on record.
Learned Registrar, Original Side has filed a report. On perusal
of the same it is evident that the direction given in the order dated
23rd March, 2022 has been carried out by the department.
The petitioner retired from the service of Calcutta Tramways
Company (1978) Ltd. (in short, "CTC") now known as West Bengal
Transport Corporation (in short, "WBTC") on 31st January, 2019 on
attaining the age of superannuation. The petitioner has been paid
the provident fund (PF) amount, the gratuity aggregating to
Rs.29,08,309.83 after a delay of over four months. The petitioner
has sought for interest on delayed payment of PF amount and
gratuity along with interest on delayed payment of leave salary.
The interest for delayed payment of the amount on account of
Revision of Pay and Allowance Rules, 1998 ( in short ROPA) has
been considered in a recent judgment and order dated 29.03.2022
passed in WPA 4606 of 2022 [Jayanta Kumar Das vs. The State of
West Bengal & Ors.]. The same principles are applicable for delayed
payment of PF and gratuity amount. The petitioner, therefore, is
entitled to receive interest on delayed payment of his retiral benefits
which includes Gratuity, Provident Fund and Leave Salary. So far as
Provident Fund and Gratuity are concerned, WBTC by letter dated
3rd April, 2019 had admittedly paid a sum of Rs. 29,08,309.83 to the
petitioner. The delay, therefore, in respect of Provident Fund and
Gratuity is established. The petitioner was entitled to receive the
same immediately upon retirement, that is, on 1st February, 2019,
but received the same partly on 17th May, 2019 and partly on 10th
June, 2019. With regard to Leave Salary, the petitioner says that a
sum of Rs. 3,83,849/- was due and payable to the petitioner which
has also been paid, but at a belated stage. The facts and figures
regarding Leave Salary and its date of payment is not clear.
In the aforesaid facts and circumstances, the petitioner is
entitled to receive interest on the said sum of Rs. 29,08,309.83 for
delay in paying the same as the respondents have derived benefit
out of such money while the petitioner was deprived of the benefit
on the money having not been paid immediately upon the same fell
due. The petitioner says that the said sum of Rs. 29,08,309.83 was
paid in two phases; one on 17th May, 2019 of Rs.14,03,845/- and
balance on 10th June, 2019.
Without going into the dispute as who was responsible for the
delay and to what extent, I direct the respondents jointly and
severally to pay 6% interest on the entire sum of Rs.29,08,309.83 till
17th May, 2019, and at the same rate on the balance sum is
Rs.15,04,464.83 (Rs.29,08,309.83 - Rs.14,03,845) for the period
between 18th May, 2019 till 9th June, 2019. The entire interest on
account of delayed payment of Provident Fund and Gratuity shall be
paid to the petitioner within a period of four months from date,
failing which the interest rate will be 10% in respect of the Gratuity
amount and 8.6% in respect of Provident Fund from the date of
accrual till actual payment.
Nothing remains to be adjudicated in this matter. Accordingly,
the writ petition stands disposed of.
(ARINDAM MUKHERJEE, J.)
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