Calcutta High Court (Appellete Side)
Nepal Kanti Sarkar vs The Durgapur Projects Ltd. & Ors on 11 May, 2023
11.05.23
141 Ct. No.25
Sws.M
WPA 11207 of 2023
Nepal Kanti Sarkar
Vs.
The Durgapur Projects Ltd. & Ors.
Mr. Siddhartha Sarkar
....for the petitioner
Mr. S.S. Koley
...for the 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 August 31, 2017.
The gratuity and leave salary dues to the writ petitioner
aggregating Rs. 14,61,990/- was paid on December 12,
2018. 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 September
1, 2017 (the date succeeding the date of retirement) till
December 12, 2018 (the date on which the 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 his gratuity and leave salary dues from
September 1 of 2017 till the December 12, 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 10% per annum being the statutory rate under the
payment of Gratuity Act, 1972.
With the directions aforesaid, the writ petition,
being WPA 11207 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 her
husband's 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)
