Balai Chandra Ghosh vs State Of West Bengal & Ors
2022 Latest Caselaw 2798 Cal

       12.05.2022                        WPA 13681 of 2013
sd
                      Balai Chandra Ghosh vs. State of West Bengal & Ors.
Ct
.25.




                              Mr. Tapas Kumar Dey
                                            ..For the petitioner.
                              Mr. Rama Prosad Sarkar
                              Ms. A. Deb Jana
                                            ..For the State.


                              Supplementary affidavit filed in Court is taken on

                    record.

                              The petitioner served as a primary teacher and

                    ultimately retired from service on July 31, 2008. The

                    petitioner is claiming interest on delayed payment of gratuity

                    by filing the instant writ petition.

                              The petitioner says that the petitioner received a

                    sum of Rs. 2,15, 507/- on account of gratuity on October

                    29, 2008 and received further sum of Rs. 2, 72,663/- under

                    ROPA 2009 on October 26, 2022 on account of gratuity. Thus

                    the petitioner claims interest on delayed payment of gratuity

                    amount of Rs. 2,72663 for the period from 1st August 2008

                    till 26.10.2012.

                              The petitioner relied on an unreported judgment of

                    a Division Bench of this Court dated 27.02.2012 passed in

                    MAT 72 of 2014 (Banku Behari Sil vs. State of West Bengal &

                    Ors), wherein the Hon'ble Division Bench directed the State

                    respondents to pay interest @ 10% per annum on delayed

payment of gratuity.

Thus applying the rate fixed by the Hon'ble Division

Bench in the said decision, this Court directs the State

respondents to pay interest @ 10 per annum on the amount

of Rs. 2, 72, 663/- for the period from August 1, 2008 to

October 26, 2012 within a period of six weeks from the date

of communication of this Order.

WPA 13681 of 2013 is thus disposed of with the

above direction.

(Hiranmay Bhattacharyya, J. )