Calcutta High Court (Appellete Side)
Sri Uttam Kumar Adhikari vs The Durgapur Projects Limited & ... on 18 August, 2023
18.08.2023 IN THE HIGH COURT AT CALCUTTA
DL-87 CONSTITUTIONAL WRIT JURISDICTION
S.D. APPELLATE SIDE
WPA 19327 of 2023
Sri Uttam Kumar Adhikari
Vs.
The Durgapur Projects Limited & Ors.
Mr. Ayan Banerjee
Mr. Saumo Chaudhury
Mr. Suman Banerjee
....for the petitioner.
Mr. S. S. Koley
.........for the DPL.
The writ petitioner was a permanent employee of
the Durgapur Projects Limited (in short 'DPL'), which
is a Government of West Bengal Enterprise.
The petitioner was superannuated from his
service on May 31, 2018. The gratuity and leave
salary dues of the writ petitioner aggregating
Rs.6,21,403/- was paid on February 7, 2020. Neither
quantum of gratuity and leave salary nor the date of
payment is in dispute.
Mr. Banerjee, learned Counsel, appearing on
behalf of the writ petitioner prays for interest on
gratuity amount payable to the writ petitioner from
June 1, 2018 (the date succeeding the date of
superannuation of the petitioner) till February 7,
2020 (the date on which the gratuity dues were
actually paid).
2
He further prays for interest on the earned
leave, due and payable to the writ petitioner.
The number of days of earned leave, due and
payable to the petitioner is not in dispute.
The issue has been squarely settled by various
Judgements passed by a 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 gratuity dues from June 1,
2018 till February 7, 2020 at the rate of 6% per
annum.
The writ petitioner is also entitled to interest
on earned leave amount @ 6% per annum from June
1, 2018 till the date on which the actual payment is
made.
The petitioner is entitled to claim such
interest. A beneficial reference may be made to an
order/judgment passed by the Hon'ble Division Bench
in F.M.A. 3942 of 2016 (Amarnath Tiwari & Ors. vs.
State of West Bengal & Ors.) 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
3
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 pay
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 stand
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 19327 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
the death of the deceased employee the occupation
charges for the said quarter will be deducted from the
retiral benefits of the deceased employee 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.)
