Pravash Santra @ Provash Santra vs The Durgapur Projects Limited & ...
2023 Latest Caselaw 2536 Cal

13.04.2023           IN THE HIGH COURT AT CALCUTTA
 DL-137             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE
                              WPA 7150 of 2023

                    Pravash Santra @ Provash Santra
                                Vs.
                   The Durgapur Projects Limited & Ors.


                   Mr. Siddhartha Sarkar,
                   Mr. Swagatam Deb,
                   Mr. Tathagata Deb
                                                 ....for the petitioner.

                   Mr. S. S. Koley
                                                          ....for DPL.


                   Affidavit of service filed in Court today be

             retained with the records.


                  The writ petitioner was a permanent employee of

             the Durgapur Projects Limited (in short, DPL) which

             is a Government of West Bengal enterprise.


                   He was superannuated from June 30, 2014.

             The gratuity and leave salary dues of the writ

             petitioner aggregating Rs.9,06,645/- was paid on

             January 27, 2015. Neither quantum of gratuity nor

             the quantum of leave salary nor the date of payment

             is in dispute.


                  Mr. Sarkar, Learned Counsel appearing on

             behalf of the writ petitioner, prays for interest on

             gratuity and leave salary payable to the writ petitioner

             from July 1, 2014 (the date succeeding the date of
                     2




retirement) till January 27, 2015 (the date on which

the dues were actually paid).


       The issue has been squarely settled by various

Judgements passed by Co-ordinate Bench of this

Hon'ble Court.


       Relying on the judgements on the same issue

and considering the facts of the case it is directed

that the writ petitioner is entitled to get interest on

the delayed payment of his gratuity and leave salary

dues from July 1, 2014 till January 27, 2015 at the

rate of 6% per annum.

        This Court is of the view that the laws of

limitation are not applicable in exercise of jurisdiction

under Article 226 of the Constitution of India relying

on a judgment passed by the Apex Court reported in

2022 Live Law (SC) 785 (State of Rajasthan & Ors.

Vs. O.P. Gupta).    It has also been held in the said

decision that the Court cannot be oblivious to the

difficulties of a retired employee in approaching the

Court, which could include financial constraints.


       The respondent authority/DPL is directed to

make the aforesaid payment within six months from

date. In the event, the said amount is not disbursed

within the stipulated period, the rate of interest will

be enhanced to 10% per annum being the statutory

rate under the payment of Gratuity Act, 1972.

With the directions aforesaid, the writ petition,

being WPA 7150 of 2023, is disposed of.

Since no affidavits have been called for in the

writ petition, the allegations contained therein be

deemed not to have been admitted by the

respondents.

Needless to mention, in case the petitioner has

occupied the quarter granted by the employer after

his retirement the occupation charges for the said

quarter will be deducted from the retiral benefits that

the petitioner is entitled to as per the extant rules and

policies of the employer/DPL.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent photostat certified copies of this order, if

applied for, be supplied to the parties upon

compliance of all necessary formalities.

(Lapita Banerji, J.)