Karamjit Adhikari & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 4162 Cal

    18
12.07.2022
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                      WPA 9653 of 2022

                                 Karamjit Adhikari & Anr.
                                            Vs.
                              The State of West Bengal & Ors.



                       Mr. Debanik Banerjee
                       Mr. Aniruddha Ganguly
                                  ... For the petitioners

                       Mr. Sourav Mondal
                                  ... For respondents no.6, 7 & 8

Affidavit of service filed in Court today is taken on

record.

The husband of the petitioner no.1 also being the

father of the petitioner no.2 was an employee under the

Department of Fisheries, Agriculture, Aquatic Resources

and Fishing Harbours, Government of West Bengal. He

died-in-harness on 6th December, 2008 while he was

working as the Joint Secretary in the aforesaid

department. The terminal benefits of the deceased

employee were ultimately paid on 5th January, 2021. The

petitioners are seeking interest for delayed payment of the

terminal benefits of the deceased employee.

Delay in paying the retiral/terminal benefits

attracts interest as has been held by the Hon'ble Supreme

Court in the judgment reported in (2022) 4 SCC 627 [Dr.

A. Selvaraj v. CBM College & Ors.]. However, in the instant

case, since the deceased was an employee of the State

Government, this Court lacks the jurisdiction in receiving,

trying and determining the writ petition in view of the

provisions of Sections 3(q), 15 and 28 of the Administrative

Tribunals Act, 1985.

The writ petition is, therefor, dismissed as

withdrawn with liberty to file afresh on the selfsame cause

of action, if permissible in law, before the appropriate

forum.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)