Prodip Kumar Roy vs The State Of West Bengal And Ors
2023 Latest Caselaw 2680 Cal/2

OD-8
                                     ORDER SHEET
                        IN THE HIGH COURT AT CALCUTTA
                          Constitutional Writ Jurisdiction
                                 ORIGINAL SIDE

                                WPO/1261/2023

                            PRODIP KUMAR ROY
                                    VS
                    THE STATE OF WEST BENGAL AND ORS.


  BEFORE:
  The Hon'ble JUSTICE LAPITA BANERJI
  Date : 22nd September, 2023
                                                              Appearance:
                                                      Mr. Debdutta Basu, Adv.
                                                              ... for the petitioner.




       The Court :- Affidavit of service filed in Court today be retained with

the records.

       In this writ petition, the petitioner claims for disbursement of interest

at the rate of 10 per cent per annum on the retiral benefits aggregating to

Rs.50,08,415/- (Rupees Fifty Lakh Eight Thousand Four Hundred and

Fifteen only) from August 1, 2020 (date succeeding the date of retirement)

till November 11, 2020 (date of actual payment). The petitioner worked as

permanent employee with Calcutta Tramways Co. (1978) Ltd., now known

as West Bengal Transport Corporation Limited (WBTCL).

       The writ petitioner retired from service with effect from July 31, 2020.

       The issue of payment of interest on delayed payment of retiral

benefits has been considered by the Hon'ble Supreme Court in two

judgments reported in 2021 (11) SCC 543 (State of Andhra Pradesh &
                                       2


Anr. Vs. Dinavahi Lakshmi Kameswari) and also in 2022 (4) SCC 627

(Dr. A. Selvaraj vs. CBM College & Ors.). In Selvaraj (supra) it was held

that the delay in payment of retiral benefits was due to no fault on the part

of the petitioner. It was an obligation on the part of the employer to process

the retiral benefits and pay the same within one month of the date of the

petitioner's retirement.   Since the payment was not made within one

month, the interest was held to date back to the date succeeding the date

of the petitioner's retirement.

      Following the aforesaid judgments of the Apex Court and also the

judgment passed by Co-ordinate Bench of this Hon'ble Court in WPO No.

2279 of 2022 (Swapan Kumar Das vs. The State of West Bengal), this

Court holds that interest at the rate of 6 per cent per annum should be

paid by the respondent company to the petitioner from August 1, 2020 to

November 11, 2020 within three months from date. In the event there is

any default in payment of interest within the stipulated period, the rate of

interest will stand increased to 10 per cent per annum being the rate

payable at present under the Payment of Gratuity Act, 1972.

Since affidavits have not been invited in the present writ petition, the

allegations made in the writ petition are deemed not to have been admitted

by the parties.

With the aforesaid directions, the writ petition, being WPO No. 1261

of 2023 is disposed of.

All parties are to act on a server copy of downloaded from the official

website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made

available to the parties subject to compliance with all requisite formalities.

(LAPITA BANERJI, J.)

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