Calcutta High Court (Appellete Side)
Asish Kumar Biswas vs Union Of India & Ors on 3 August, 2022
03
03.08.2022
Ct. No.23
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 11863 of 2022
Asish Kumar Biswas
Vs.
Union of India & Ors.
Mr. Dilip Kumar Samanta
Mr. Amal Kumar Roy
Mr. Argha Banerjee
... For the petitioner
Mr. Santanu Kumar Mitra
Mr. Subhabrata Das
... For the respondent no.2
Mr. Om Narayan Rai
... For Indian Bank
Affidavit of service filed in Court today is taken
on record.
The supplementary affidavit filed on behalf of the
petitioner in order to bring on record the developments
subsequent to the filing of the writ petition is also taken
on record.
The petitioner joined the services of Indian Bank
on 19th June, 1980 through a selection process by relying
upon a Scheduled Caste certificate. The petitioner retired
from the services of the said Bank on 27th April, 2018
upon attaining the age of superannuation. Although the
petitioner was paid the provident fund dues but gratuity
and other retiral benefits were withheld pursuant to a
complaint received by the employer Bank that the
petitioner did not belong to Scheduled Caste category
and, as such, had taken undue advantage in getting
employment and subsequent benefits while in
employment.
The issue has ultimately been resolved by a
Committee constituted by the Backward Classes Welfare
Department, Government of West Bengal, vide an order
dated 22nd July, 2022, wherein the petitioner and the
employer Bank were represented. After such issue was
resolved and it was found that the petitioner belongs to
Scheduled Caste category, the Bank has released all the
withheld retiral benefits to the petitioner.
It is submitted by the Bank and accepted by the
petitioner that the gratuity amount was paid on 30th July,
2022. The provisional pension has been sanction on 19th
April, 2022 prior to passing of the order dated 22nd July,
2022.
The issue now remains is the sanction of regular
pension to the petitioner and payment of interest for delay
in paying the retiral benefits.
In the instant case, the retiral benefits of the
petitioner were withheld without any fault on the part of
the petitioner as the complaint against him with regard to
the Scheduled Caste certificate has been decided in his
favour. The petitioner was, therefor, deprived of the fruits
of the money he was to receive as his retiral benefits from
27th April, 2018. The petitioner is, therefor, entitled to
interest in view of the ratio laid down in the judgment of
the Supreme Court reported in (2022) 4 SCC 627 [Dr. A.
Selvaraj v. CBM College & Ors.]. The rate of interest as
held by the Hon'ble Supreme Court in the judgment
reported in (2021) 11 SCC 543 (The State of Andhra
Pradesh & Anr. v. Smt. Dinavahi Lakshmi Kameswari)
provides for six per cent interest in case of delay in
respect of dues of an employee. Without going into the
fact that the Payment of Gratuity Act, 1972 provides for
10 per cent interest in case of delay, I think justice will be
sub-served if six per cent interest is paid to the petitioner.
In the aforesaid facts and circumstances, Indian
Bank is directed to pay interest at the rate of six per cent
per annum from 27th April, 2018 till actual payment of
the petitioner's retiral benefits within a period of two
months from the date, failing which the interest rate will
enhance to 10 per cent per annum for the same period
and on the same principal sum. The regular pension has
to be sanctioned also within two months and the arrears,
if any, being the difference between the regular pension
and the provisional pension shall also be paid with
accrued interest at the rate of six per cent per annum also
within two months from date.
Since the Indian Bank is represented, no further
notice is required to be given to the said Bank. However,
by way of abundant caution, the petitioner shall serve a
copy of this order downloaded from the official website of
this Court upon the Indian Bank, the respondent no.4
and the respondent no.5.
All parties shall act on the basis of a server copy
of this order duly downloaded from the official website of
this Court without insisting upon production of a certified
copy thereof.
Nothing further remains to be adjudicated in this
writ petition. The same is disposed of accordingly
without any order as to costs.
Since I have not called for any affidavits,
allegations made in the writ petition are deemed to have
not been admitted by the respondents.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Arindam Mukherjee, J.)
