Manu Ghosh v. The Durgapur Projects Limited And ORS

13.04.2023 IN THE HIGH COURT AT CALCUTTA DL-150 CONSTITUTIONAL WRIT JURISDICTION S.D. APPELLATE SIDE Ct.21 WPA 7175 of 2023 Manu Ghosh Vs.

The Durgapur Projects Limited & Ors.

Mr. Siddhartha Sarkar Mr. Swagatam Deb Mr. Tathagata Deb ....for the petitioner.

Mr. S. S. Koley ....for DPL.

Affidavit of service filed in Court today be retained with the records.

The husband of the writ petitioner was a permanent employee of the Durgapur Projects Limited (in short 'DPL'), which is a Government of West Bengal enterprise.

The husband of the petitioner died on May 22, 2022. The gratuity dues of the writ petitioner's deceased husband aggregating Rs.6,33,930/- 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 interest on gratuity payable to the writ petitioner from May 23, 2022 (the date succeeding the date of death of the

husband of the writ petitioner) till the date of actual payment.

The learned counsel, appearing on behalf of the writ petitioner, also prays for earned leave of 65 days 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 ad 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 interest on the delayed payment of her gratuity dues from May 23, 2022 till the date of actual payment at the rate of 6% per annum.

The writ petitioner is also entitled to earned leave of 65 days and interest thereon @ 6% per annum from May 23, 2022 till the date on which the actual payment is made.

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 7175 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.)