Tapas Kumar Bandyopadhyay vs Durgapur Projects Limited & Ors
2022 Latest Caselaw 1082 Cal

    35                     IN THE HIGH COURT AT CALCUTTA
08.03.2022                CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                          APPELLATE SIDE
                                    WPA 2656 of 2022

                              Tapas Kumar Bandyopadhyay
                                           Vs.
                             Durgapur Projects Limited & Ors.


                          Mr. Ayan Banerjee,
                          Mr. Suman Banerjee
                                     .... For the petitioner.

                          Mr. Sujit Sankar Koley
                                      ... For DPL


                   Affidavit of service filed in Court today is taken

             on record.


                   The petitioner is a retired employee of Durgapur

             Projects Limited (in short, DPL). The petitioner says

             that he had retired from services of DPL on 31st

             October, 2014 but has been paid gratuity and leave

             salary amount only on 16th November, 2015. The

             petitioner claims interest for the delay in making

             payment of the gratuity and leave salary. Although, the

             petitioner has approached the Court after seven years

             from his retirement but keeping in mind the two years

             period in the interregnum to be of uncertainty I find the

             delay is not fatal in claiming interest for delayed

             payment. No third party right has also been created

             due to the delay.


                   The    writ   petition   has   been   affirmed   by   a
                             2




constituted attorney but the petitioner is personally

present and as such the writ petition is allowed,

directing DPL to pay interest on Rs.13,64,514/- for the

period between 1st November, 2014 and 15th November,

2015 at the rate of 6 per cent per annum         within a

period of six months from the date of communication

of a certified copy of the instant order upon DPL.


      The issue of payment of interest of delayed

payment of gratuity and leave salary needs no further

deliberation as it has been settled by a recent judgment

of this Court dated 9th August, 2021 passed in WPA

11485 of 2021 (Kajal Pal vs. The Durgapur Projects

Limited & Ors.) and as such the direction for payment

of interest as indicated hereinabove is given.

      Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly

without any order as to costs.

      Since I have not called for any affidavits,

allegations made in the writ petition are deemed to

have not been admitted by the respondents.

Urgent photostat certified copy of this order, if

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

necessary formalities.

(Arindam Mukherjee, J.)