Benu Mitra vs The State Of West Bengal & Ors
2022 Latest Caselaw 5800 Cal

     14
23.08.2022
 Ct. No.23
     pg.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE

                               WPA 17386 of 2022

                                   Benu Mitra
                                       Vs.
                         The State of West Bengal & Ors.


                    Mr. Badrul Karim
                               ... For the petitioner

                    Mr. Pinaki Dhole
                    Ms. Ananya Neagi
                                ... For the State

                    Ms. Ankita Choudhury
                                ... For the respondents no.3, 4 and 5

The petitioner retired from the services of

Manjusha, an organisation under the West Bengal

Handicrafts Development Corporation Limited with effect

from 30th June, 2013. The petitioner was not paid his

retiral benefits, inter alia, on the ground that there was

complaint of financial irregularity during the service

tenure of the petitioner which was being proceeded with

by the Anti Cheating and Fraud, CID, West Bengal. The

petitioner approached this Court by filing a writ petition,

being WP 28215 (W) of 2014 which was disposed of by

an order dated 27th November, 2019. The said order

provided that upon receiving the report from the Officer,

Anti Cheating and Fraud, CID, West Bengal, that the

Managing Director, West Bengal Handicrafts

Development Corporation Limited, being the respondent

no.4 in the said writ petition, shall take a final decision

with regard to the payment of retiral benefits to the

petitioner.

It is submitted by the petitioner that pursuant to

such order, on or about 14th January, 2020, the West

Bengal Handicrafts Development Corporation Limited

has paid a total sum of Rs.7,98,052/- towards full and

final settlement of the petitioner's retiral benefits. The

petitioner says that he was deprived of the fruits of the

retiral benefits for about seven years and, as such, he is

entitled to interest for delayed payment of his retiral

benefits.

The retiral benefits, as appears from the memo

dated 14th January, 2020 annexed at pages 51 to 53 of

the writ petition are on account of Gratuity, Leave

Encashment, arrear salary for the period 1st April, 1999

to 31st March, 2000 on revision of pay scale, 50%

arrears of salary for the period 1st April, 2008 to 31st

March, 2009 on revision of pay scale due to

recommendation of 5th Pay Commission, 50% arrears of

salary for the period 1st April, 2009 to 30th September,

2009, which has indicated the aggregate amount of

Rs.7,98,052/-.

It is now well settled that delay in paying the

retiral benefits without any fault of the employee attracts

interest as laid down in the judgment reported in (2022)

4 SCC 627 [Dr. A. Selvaraj v. CBM College & Ors.].

In the aforesaid facts and circumstances, the

respondents no.3, 4 and 5 are directed to file a report in

form of an affidavit stating clearly the reasons why

interest for delayed payment of the retiral benefits to the

petitioner should not be granted.

The respondents no.1 and 2, if advised, may also

file a separate report in form of an affidavit.

The reports in form of affidavit shall be filed by

9th September, 2022 with copies to the petitioner.

Let this matter appear in the list on 20th

September, 2022.

The petitioner will be at liberty to take an

exception to the report/reports that may be filed by the

respondents on or before the next date, with copy

sufficiently well in advance to the advocates for the

respondents.

(Arindam Mukherjee, J.)