Calcutta High Court
Amit Kumar Khan vs The State Of West Bengal & Ors on 16 February, 2022
OD-8
WPO/1463/2021
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
AMIT KUMAR KHAN
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 16th February, 2022.
[Via Video Conference]
Appearance:
Mr. Debdutta Basu, Adv.
...for Petitioner.
Mr. Niladri Bhattacharjee, Adv.
Ms. Deblina Chattaraj, Adv.
..for WBTC Ltd.
Mr. Sirsanya Bandopadhyay, Ld.
Jr. Standing Counsel.
Mr. Arka Kumar Nag, Adv.
..for State Respondents.
The Court :-Report affirmed on 10th February, 2022 by the respondent nos. 2
to 5 and filed in Court today is taken on record.
The petitioner while working in the Calcutta Tramways Company (1978) Ltd.
(in short, "CTC") now known as West Bengal Transport Corporation (in short,
"WBTC") faced disciplinary proceedings pursuant to which the petitioner was
discharged from service with effect from 15th December, 2009. The petitioner says
that the Chief Accounts Officer of West Bengal Transport Corporation Limited ( in
short, WBTC ) by an order dated 31st August, 2021 has allowed interest on
delayed payment of gratuity and leave salary from 1st September, 2019 to 16th
December, 2020 and interest on arrears of pension from 1st February, 2019 to 3rd
January, 2020 at the rate of 6% per annum. The petitioner says that the
petitioner is entitled to interest from 16th December, 2009 till the actual date of
payment of the amounts on account of gratuity, leave salary and arrears of
pension. The Senior Accounts Officer according to the petitioner has erred while
granting the petitioner interest at a reduced rate for a very small period instead of
entire period.
On behalf of the WBTC it is submitted that the petitioner did not approach
or take steps for release of the money and as such the respondents are not liable
to compensate the petitioner for the delay in making payment of gratuity, leave
salary and arrears of pension.
Assuming without admitting that the petitioner had approached the
respondents at a belated stage or did not take any step at the earliest for
claiming the terminal benefits, then also the fact remains that WBTC did not
fulfil its obligation as an employer by offering the money to the petitioner or
calling the petitioner to collect his dues. WBTC, therefore, has derived benefit out
of the money which they were required to pay immediately on the petitioner being
discharged from service but having paid on posterior date. The money belongs to
the petitioner. It is well settled that the terminal benefits are not bounty and
cannot be withheld without just cause. The petitioner having received the money
at a belated stage was deprived of the benefits out of such money. On the other
hand, WBTC being the custodian of the money which they were required to pay
to the petitioner derived benefits out of the same while it remained with the said
respondent. The respondents are, therefore, liable to compensate the petitioner
by paying interest for the entire period the money remained with the respondent.
In the aforesaid facts and circumstances, the order of the Senior Accounts
Officer dated 31st August, 2021 is modified by directing the WBTC to pay interest
at the rate of 6% per annum on the principal sum on account of gratuity, leave
salary and arrears of pension from the date immediately succeeding the date of
removal from service that is 16th December, 2009 till the actual date of payment
of the amounts respectively on account of gratuity, leave salary and arrears of
pension. The rate of interest is reasonable and fair and is the rate at which the
Hon'ble Supreme Court of India allowed interest even during the pandemic as
reflected in the judgment reported in 2020 SCC Online SC 1166 (The State of
Andhra Pradesh vs. Dinavahi Lakshmi Kameshwari). So far as provident fund is
concerned, the WBTC shall pay interest in terms of the order dated 31st August,
2021. The interest has to be paid within a period of six weeks from date and the
State Government shall provide necessary funds with the WBTC for the payment
of interest as aforesaid to the petitioner, if so required.
Nothing further remains to be adjudicated in the matter.
The writ petition is disposed of accordingly.
( ARINDAM MUKHERJEE, J.)
nm/pa
