Amitava Ghosh vs Union Of India & Ors
2022 Latest Caselaw 3525 Cal

    110                  IN THE HIGH COURT AT CALCUTTA
24.06.2022

CONSTITUTIONAL WRIT JURISDICTION sb Ct 23 APPELLATE SIDE

WPA 16385 of 2021

Amitava Ghosh Vs.

Union of India & Ors.

Mr. Siddhartha Banerjee, Mr. Sudipta Nayan Ghosh, Ms. Jyoti Rauth, Mr. Soumajit Majumder .... For the petitioner.

Mr. Kallol Guha Thakurata, ... For Coal Mines Provident Fund.

It is submitted on behalf of the petitioner that the

principal sum on account of his retiral benefits and the

arrears of salary have been paid during the pendency of

the writ petition. The only issue which, according to the

petitioner, requires to be adjudicated is the petitioner's

entitlement to interest for the delay in paying the retiral

benefits. The petitioner had retired from service on 30th

April, 2013. At the time when the petitioner retired a

criminal proceeding was continuing against him. The

petitioner has been exonerated from the said criminal case

on 17th March, 2021. The petitioner says that the retiral

benefits and arrears of salary to the petitioner were

required to be paid under different heads. The pendency of

the criminal proceedings was not an embargo in releasing

payment under all the heads.

The issue of payment of interest for delay in making

payment of the retiral benefits has been considered by the

Hon'ble Supreme Court in a very recent judgment reported

in 2022 (4) SCC 627. In the said judgment, it has been

held that retiral benefits attract interest if there is delay in

making payment thereof for no fault of the employee

concerned. In the instant case, whether the pendency of

the criminal proceedings is a fault on the part of the

petitioner to disentitle him to claim interest is required to

be considered.

On the joint prayer of the learned advocates

representing the parties, the matter is adjourned till 8th

July, 2022 to enable them to throw light with regard to

the issue of interest claimed by the petitioner, in view of

the judgment referred to hereinabove.

(Arindam Mukherjee, J.)