Umakanta Banerjee v. State Of West Bengal And ORS.

W.P.A. 13847 of 2021 (Through Video Conference) rkd 01.10.2021 Ct.05 Umakanta Banerjee -vsThe State of West Bengal & Ors.

Mr. Sandip Ghosh, ....for the petitioner.

Mr. Sudipta Panda Mr. Sajal Kumar Pandit ....for the State.

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

The writ petitioner is a retired teacher, who superannuated on 30th November, 2016. After superannuation of the writ petitioner, first Pension Payment Order was issued on 17th October, 2016 and as per the first Pension Payment Order disbursement of retiral dues including gratuity amount were paid in his favour on 11th January, 2017. Subsequently, due to revision of pay as per ROPA 2019 revised Pension Payment Order was issued on 28th January, 2021 and the payment in terms of revised Pension Payment Order was made in favour of the petitioner on 7th February, 2021. The writ petitioner claims interest on delayed payment of revised gratuity as per 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 revised pension payment order from 14th February, 2020 till the date of actual

disbursement of the revised gratuity amount in favour of the retired teacher, 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.)