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Calcutta High CourtWPA/9683/2021disposed

Mukunda Kumar Mondal v. State Of West Bengal And ORS.

2021-04-27Hon'Ble Justice Rajasekhar Mantha2 pages

27.04.2021 Ct. No.13 Sl. No.232 pk W.P.A. 9683 of 2021 [via video conference] [Mukunda Kumar Mandal -Vs- The State of West Bengal & Ors.] Mr. Biswajit Mal ... ... for the petitioner.

Ms. Debarati Sen (Bose) ... for the State.

Affidavit of service filed in Court today be kept with the record.

The learned Advocate for the petitioner submits that the petitioner was an Executive Assistant and he retired from service on 28.02.2006. Pension Payment Order was issued in favour of the petitioner on 22.02.2006 and the gratuity amount of the petitioner was released on 30.11.2011.

Although the petitioner was entitled to payment of his gratuity from the date of his retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of gratuity.

I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon'ble Judges on the writ petitions involving similar issues.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity amount @ 9% per annum from 19th May, 2009 till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)