Calcutta High Court (Appellete Side)
Sri Shiba Prasad Ghosh vs The Durgapur Projects Limited & ... on 18 August, 2023
18.08.2023 IN THE HIGH COURT AT CALCUTTA
DL-83 CONSTITUTIONAL WRIT JURISDICTION
S.D. APPELLATE SIDE
WPA 19312 of 2023
Sri Shiba Prasad Ghosh
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 March 31, 2014. The dues on account of
earned leave of the writ petitioner aggregating
Rs.8,61,684/- was paid on August 16, 2018. Neither
quantum of earned 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 the
quantum of earned leave amount payable to the writ
petitioner from April 1, 2014 (the date succeeding the
date of superannuation of the petitioner) till August
16, 2018 (the date on which the gratuity dues were
actually paid).
2
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 earned leave amount from
April 1, 2014 till August 16, 2018 at the rate of 6%
per annum.
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
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 18% per annum.
With the directions aforesaid, the writ petition,
being WPA 19312 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.)
