Debjani Dey v. The Durgapur Projects Limited And ORS.

23.08.2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION Sws. M.

Ct 25 APPELLATE SIDE WPA 20061 of 2023 Debjani Dey Vs.

The Durgapur Projects Limited & Ors.

Mr. Siddhartha Sarkar .... For the petitioner.

Mr. S. S. Koley ... For DPL. Affidavit of service filed in Court today be retained with the records.

Mr. Sarkar, learned counsel appearing on behalf of the petitioner submits that a Succession Certificate showing the entitlement of the petitioner has been handed over to the employer/DPL.

The husband of the writ petitioner was a permanent employee of the Durgapur Projects Limited (in short, DPL) which is a Government of West Bengal enterprise. The petitioner's husband died on May 2, 2021 before his superannuation. The total amount dues to the writ petitioner aggregating Rs/- 18,17,390/- (for Gratuity Rs. 10,47,770/-, for leave salary Rs. 6,48,620/- and for Group Save Link Insurance (in short GSLI) Rs.1,21,000/-) is not paid till date. The quantum of the total amount is not in dispute. Mr. Sarkar, Learned Counsel appearing on

behalf of the writ petitioner, prays for principal amount of Gratuity, leave salary as also GSLI aggregating to Rs. 18,17,390/- together with interest thereof, of her husband payable to the writ petitioner from May 03, 2021 (the date succeeding the date of death) till the date of actual payment.

The issue has been squarely settled by various Judgements passed by a Co-ordinate Bench of this Hon'ble Court.

Relying on the judgements on the same issue and considering the facts of the case it is directed that the writ petitioner is entitled to get principal amount of Gratuity, leave salary as also GSLI aggregating to Rs. 18,17,390/- together with interest on the delayed payment of her husband's aforesaid dues from May 03, 2021 till the date of actual payment at the rate of 6% per annum.

The respondent authority/DPL is directed to pay the aforesaid payment within six months from date. In the event, the said amount is not disbursed within the stipulated period, the rate of interest will stand enhanced to 10% per annum being the statutory rate under the payment of Gratuity Act, 1972. With the directions aforesaid, the writ petition, being WPA 20061 of 2023, is disposed of.

Since no affidavits have been called for in the writ petition, the allegations contained therein be deemed not to have been admitted by the respondents. Needless to mention, in case the petitioner has occupied the quarter granted by the employer after her husband's retirement the occupation charges for the said quarter will be deducted from the retiral benefits that the petitioner is entitled to as per the extant rules and policies of the employer/DPL.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)