Sibesh Chandra Ghosh v. The Durgapur Projects Limited And ORS.

13.04.2023 IN THE HIGH COURT AT CALCUTTA DL-152 CONSTITUTIONAL WRIT JURISDICTION S.D.

APPELLATE SIDE Ct.21 WPA 7180 of 2023 Sibesh Chandra Ghosh Vs.

The Durgapur Projects Limited & Ors.

Mr. Siddhartha Sarkar Mr. Swagtam 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 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 January 31, 2016.

The gratuity and leave salary dues of the writ petitioner aggregating Rs.7,32,449/- were paid on July 1, 2017. Neither quantum of gratuity nor the quantum of leave salary nor the date of payment is in dispute. Mr. Sarkar, Learned Counsel appearing on behalf of the writ petitioner, prays for interest on gratuity and leave salary payable to the writ petitioner from February 1, 2016 (the date succeeding the date of retirement) till

July 1, 2017 (the date on which the dues were actually paid).

The issue has been squarely settled by various Judgements passed by 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 his gratuity and leave salary dues from February 1, 2016 till July 1, 2017 at the rate of 6% per annum.

The respondent authority/DPL is directed to make 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 be enhanced to 10% per annum being the statutory rate under the payment of Gratuity Act, 1972.

The petitioner is entitled to claim such interest. Due to the assurance made by the employer/State, the claim of the petitioner has attained a statutory colour. 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.

With the directions aforesaid, the writ petition, being WPA 7180 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.)