Tapan Kumar Moulick vs The State Of West Bengal And Others
2024 Latest Caselaw 1794 Cal/2

Calcutta High Court

Tapan Kumar Moulick vs The State Of West Bengal And Others on 14 May, 2024

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

OD-8

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

                              WPO/397/2024

                      TAPAN KUMAR MOULICK
                               VS
              THE STATE OF WEST BENGAL AND OTHERS


  BEFORE:
  The Hon'ble JUSTICE RAJASEKHAR MANTHA
  Date : 14th May, 2024.

                                                                       Appearance :
                                                  Mr. Shibnath Bhattacharyya, Adv.
                                                  Mr. Abhishek Bhattacharyya, Adv.
                                                                ... for the petitioner.

                                                        Ms. Deblina Chattaraj, Adv.
                                                            Ms. Angana Dutta. Adv.



The Court : - 1. Affidavit of service filed in Court be kept on the record.

2. The petitioner superannuated from service on 31 st January, 2018.

3. On 22nd January, 2020 the Transport department of the Government

of West Bengal issued a Memorandum implementing the ROPA for the

employees of the WBTC [erstwhile CTC(1978) Limited]. In terms of the

second part of Clause 10 of the said Memorandum dated 22 nd January,

2020, employees who retired or died between 1.1.2016 to 31.12.2019,

would be allowed retiring and death gratuity on the revised pay as a
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special case. The difference between the old and new rate were to be

made available to the employees.

4. Admittedly, the petitioner comes within the time period mentioned in

Clause 10 above. It appears to this Court that he is prima facie entitled

to the benefit of the said Clause 10 of the Memo dated 22 nd January,

2020.

5. In those circumstances, since the petitioner already received his

terminal benefits, the difference in between the gratuity actually received

by the petitioner and those payable to him in terms of the Memorandum

dated 22nd January, 2020, being the difference of gratuity shall be made

available to him subject to his fulfilling the other terms and conditions in

the said Memorandum. The said differential gratuity shall carry interest

at the rate of 7% per annum from 1st February, 2020, till date of actual

payment.

6. It is submitted by the learned Counsel for the respondents that APOT

243 of 2022 (WBTC Limited vs. Prabhakar Ghosh & Ors.) along with

OCOT No.1 of 2023 (Prabhakar Ghosh & Ors. Vs. State of West Bengal)

on the same issue has been decided today in the morning by a Division

Bench of this Court.

7. Since the copy is not available, this Court does not have the benefit of

the said judgment. The aforesaid order is, however, passed based on the

principles enshrined under the Payment of Gratuity Act, 1971.

8. Urgent certified website copy of this order, if applied for, be made

available to the parties subject to compliance with the requisite

formalities.

(RAJASEKHAR MANTHA, J.)

SN/mg