Calcutta High Court
Shyamal Ganguly vs The State Of West Bengal And Ors on 16 December, 2022
OD-32
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/3039/2022
SHYAMAL GANGULY
VS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE LAPITA BANERJI
Date: 16th DECEMBER, 2022.
Appearance:
Mr. Niladri Bhattacharjee, Adv.
Ms. Deblina Chattaraj, Adv.
Ms. Angana Dutta, Adv.
For the Respondent Corporation
Mr. B. P. Vaisay, Adv.
Mr. Joydip Banerjee, Adv.
For the State
The Court: Affidavit of service filed in Court today be retained with
the records.
The writ petitioner was a permanent employee of the West Bengal
Transport Corporation Limited (WBTCL) formerly known as the Calcutta
Tramways Co. (1978) Limited. The writ petitioner retired from his service
with effect from January 31, 2019.
The writ petitioner prays for interest on delayed payment of his
retiral benefits aggregating Rs. 19,22,074/- from February 1, 2019 (being
the date succeeding his date of retirement) to May 17, 2019 (the date on
which is retiral benefits have actually been paid).
Furthermore, interest of 10 per cent per annum is claimed on the
delayed payment for the differential amount of gratuity to the tune of
Rs.2,49,950/- from September 25, 2019 to March 3, 2021 under the
West Bengal Services (Revision of Pay and Allowance) Rules, 2019.
The issue of payment of interest on delayed payment of retiral
benefits has been considered by the Hon'ble Supreme Court in two
judgments reported in 2021 (11) SCC 543 (State of Andhra Pradesh &
Anr. Vs. Dinavahi Lakshmi Kameswari) and also in 2022 (4) SCC 627
(Dr. A. Selvaraj vs. CBM College & Ors.). In Selvaraj (supra) it was held
that the delay in payment of retiral benefits was due to no fault on the
part of the petitioner. It was an obligation on the part of the employer to
process the retiral benefits and pay the same within one month of the
date of the petitioner's retirement. Since the payment was not made
within one month, the interest was held to date back to the petitioner's
date of retirement.
Following the aforesaid judgements of the Apex Court and also the
judgment passed by Co-ordinate Bench of this Hon'ble Court in WPO
No.2279 of 2022 (Swapan Kumar Das vs. The State of West Bengal), this
Court holds that interest at the rate of 6 per cent per annum should be
paid by the respondent company to the petitioner from February 1, 2019
to May 17, 2019 for late disbursement of post retiral benefits within
three months from date. In the event there is any default in payment of
interest within the stipulated period, the rate of interest will stand
increased to 10 per cent per annum being the rate payable at present
under the Payment of Gratuities Act, 1972. Interest on delayed payment
of arrears on the differential amount of gratuity should be also paid at
the rate of 6 per cent per annum from September 25, 2019 to March 31,
2021 within 3 months and in the event of default the rate will stand
increased to 10 per cent per annum.
Since affidavits have not been invited in the present writ petition,
the allegations made in the writ petition are deemed not to have been
admitted by the parties.
With the aforesaid directions, the writ petition, being WPO
No.3039 of 2022 is disposed of.
All parties are to act on a server copy of downloaded from the
official website of this Hon'ble Court.
Urgent certified website copies of this order, if applied for, be made
available to the parties subject to compliance with all requisite
formalities.
(LAPITA BANERJI, J.)
A Dey
