Nurnehar Khatun v. State Of West Bengal And ORS.

08.10.2021 Court No.5 Item No.216 TN WPA 14386 of 2021 Nurnehar Khatun Vs.

The State of West Bengal and others (Through Video Conference) Mr. Sandip Ghosh ... for the petitioner Mr. Amrita Lal Chatterjee ... for the State Affidavit of service filed in Court today is taken on record.

The writ petitioner is the wife of a deceased teacher, who died in harness on 10th April, 2002. After the death of the husband of the writ petitioner, Pension Payment Order was issued on 20th July, 2004 and in terms of the said Pension Payment Order, death benefits were released in favour of the writ petitioner on 2nd September, 2004. Writ petitioner claims interest on delayed payment of gratuity. The entitlement of the writ petitioner to interest on delayed payment of gratuity has already been decided in the writ petition being WP 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 mater 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 WP 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 from the date following the date of death of the husband of the writ petitioner till the date of disbursement 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.

All parties to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

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

(Saugata Bhattacharyya, J.)