Calcutta High Court (Appellete Side)
Mrityunjoy Mondal vs The Durgapur Projects Limited & ... on 27 September, 2023
97.
27.9.2023
S.D.
W.P.A. 21340 of 2023
Mrityunjoy Mondal
Vs.
The Durgapur Projects Limited & Ors.
Mr. Siddhartha Sarkar
....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, 2016. The
gratuity dues of the writ petitioner aggregating
Rs.8,13,894/- is not paid till date. The quantum of
gratuity amount is not in dispute.
Mr. Sarkar, Learned Counsel appearing on
behalf of the writ petitioner, prays for gratuity amount
and interest on gratuity amount payable to the writ
petitioner from July 1, 2016 (the date succeeding the
date of retirement) till the date of actual payment.
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The Learned Counsel appearing on behalf of the
writ petitioner, also prays for earned leave of 01 day
which has not been paid till date. 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 gratuity amount and
interest on the delayed payment of his gratuity dues
from July 1, 2016 till the date of actual payment at the
rate of 6% per annum.
The writ petitioner is also entitled to earned leave
of 01 day and interest thereon @ 6% per annum from
July 1, 2016 till the date on which the actual payment
will be 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
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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 21340 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.)
