Tapes Chandra Saha v. State Of West Bengal And ORS.

W.P.A. 13920 of 2021 (Through Video Conference) rkd 01.10.2021 Ct.05 Tapes Chandra Saha -vsThe State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ....for the petitioner.

Mr. Malay Krishna De, Mr. Sayan Ganguly ....for the State.

Affidavit-of-service filed in Court is kept with the record.

The writ petitioner is a retired teacher, who superannuated on 31st August, 2008.

After superannuation of the writ petitioner, first Pension Payment Order was issued on 16th December, 2008 and as per the first Pension Payment Order disbursement of retiral dues were made in his favour on 6th March, 2009. Subsequently, due to revision of pay as per ROPA 2009 revised Pension Payment Order was issued on 19th May, 2011 and payment as per said revised pension payment order was made in favour of the writ petitioner on 6th July, 2021. Writ petitioner claims interest on delayed payment of gratuity as per first pension payment order as well as in terms of revised pension payment order.

The entitlement of the writ petitioner to

interest on delayed payment of gratuity due to superannuation has already been decided in the writ petition being W.P.No.4600(W) of 2019 (Rabindra Kumar Bhattacharjee vs State of West Bengal and Ors.) wherein upon placing reliance on judgment of the Apex Court in the case of Union of India vs. Tarsem Singh, reported in (2008) 8 SCC 648 on condoning delay in approaching the Court for payment of interest on gratuity the said writ petition was allowed by extending the benefit on delayed payment of gratuity upon due consideration of the fact that there is no accrual of third party interest and matter relates to payment of retiral dues.

Taking note of the observations made by the coordinate Bench in the order dated 17th April, 2019 passed in W.P. No. 4600(W) of 2019 (Rabindra Kumar Bhattacharjee vs. State of West Bengal and Ors.) this Court finds it apposite to grant interest on gratuity to the writ petitioner due to delay in releasing the said amount.

Accordingly, the Director of Pension Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest at the rate of Rs.8% per annum to the writ petitioner on delayed payment of gratuity as per the first pension payment order from the date following the date of retirement till

the date of payment of gratuity in terms of first Pension Payment Order as well as from 19th May, 2009 till date of actual disbursement of the revised gratuity amount in favour of the retired teacher in terms of revised pension payment order, within a period of eight weeks from the date of communication of this order. Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.

With the above observation, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)