Saktipada Mukherjee v. The State Of West Bengal And ORS.

S/L 20 11.08.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 254 of 2025 Saktipada Mukherjee Vs.

The State of West Bengal & Ors.

Mr. Atreya Chakraborty ... for the Petitioner.

Mr. Abhijit Sarkar Ms. Anima Das Chakraborty ... for the State.

Mr. Mriganka Patra ... for the Respondent No.5.

The petitioner was an Instructor of Shorthand and Typewriting in English at a commercial institution run by Ramkrishna Mission Ashram, Narendrapur, Kolkata under the Mass Education, Extension and Library Services Department. On attaining the age of superannuation, he had retired from his said service on April 30, 2012; the petitioner is praying pensionary benefit. The petitioner since was in CPF scheme is not entitled to such benefit.

Learned advocate for the petitioner submits that his client has not been paid the gratuity amount immediately after his retirement, same has been paid to him on August 08, 2025; therefore, the petitioner is entitled to interest for the delayed payment of gratuity.

Mr. Sarkar, learned advocate for the State submits in the writ petition, such prayer has not been made. The prayer of the petitioner for interest on the gratuity amount for delay in payment of it cannot be considered for absence of any specific prayer, however, the petitioner is granted liberty to file a fresh writ petition for the said relief. WPA 254 of 2025 is disposed of with the above observation without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)