Debanshu Bhattacharjee v. State Of West Bengal And ORS.

Item No.63 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 12.04.2023 Ct-24 WPA 17834 of 2022 Debanshu Bhattacharjee v.

The State of West Bengal & Ors.

Mr. Srikanta Datta ... for the petitioner.

Mr. Usof Ali Dewan Mr. Asif Dewan ... for the respondent nos. 4 & 5.

Mr. Rezaul Hossain ... for the State.

The petitioner is a retired employee of JiaganjAzimganj Municipality. The grievance of the petitioner is that the gratuity amount mentioned in the revised Pension Payment Order (PPO) dated April 26, 2022 has not been disbursed till date.

Learned advocate representing the Municipality submits, upon instruction that, the said money could not be disbursed on account of paucity of funds of the Municipality.

The Court is not inclined to accept the reason put forth by the Municipality for not paying the revised terminal benefits of the retired employee. The employer is bound to pay the employee the terminal benefits in accordance with the PPO issued in his favour.

It appears that a sum of Rs. 3,65,000/- is due and pending on account of revised gratuity admissible under ROPA, 2019.

The Municipality is directed to release the payment in favour of the petitioner positively by July 31, 2023.

As the amount was payable to the petitioner immediately upon issuance of the PPO but the petitioner is yet to receive the same, accordingly, the Municipality shall pay interest @ 7% per annum on the amount due on and from the due date till the date of actual payment. In the event, the payment is not made within the time stipulated hereinabove the petitioner will be entitled to an additional interest @ 2% i.e. 7%+2%= 9% interest on the due amount.

The writ petition stands disposed of.

Affidavit-of-service filed in Court today be taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)