Ganesh Chandra Dhara v. The Durgapur Projects Limited And ORS.

27.09.2023 IN THE HIGH COURT AT CALCUTTA DL-121 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 22725 of 2023 Ganesh Chandra Dhara Vs.

The Durgapur Projects Limited & Ors.

Mr. Swagatam Deb ....for the petitioner.

Mr. S. S. Koley ....for DPL.

Affidavit of service filed in Court today be retained with the records.

The writ petitioner was a permanent employee of the Durgapur Projects Limited (in short 'DPL'), which is a Government of West Bengal enterprise.

He was superannuated from March 31, 2019.

The gratuity dues of the writ petitioner aggregating Rs.1,37,648/- and leave salary aggregating Rs.2,00,271/- were paid on August 17, 2020. Neither the quantum of gratuity nor the quantum of leave salary nor the date of payment is in dispute. Mr. Deb, learned Counsel, appearing on behalf of the writ petitioner prays for interest on gratuity and leave salary payable to the writ petition from April 1, 2019 (the date succeeding the date of retirement) till August 17, 2020 (the date on which the gratuity and leave salary dues were actually paid).

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 interest on the delayed payment of his gratuity and leave salary dues from April 1, 2019 till August 17, 2020 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.

The petitioner is entitled to claim such interest. A beneficial reference may be made to an order/judgment passed by the Hon'ble Division Bench in F.M.A. 3942 of 2016 (Amarnath Tiwari & Ors. vs. State of West Bengal & Ors.). This Court is of the view that the laws of limitation are not applicable in exercise of jurisdiction under Article 226 of the Constitution of India relying on a judgment passed by the Apex Court reported in 2022 Live Law (SC) 785 (State of Rajasthan & Ors. Vs. O.P. Gupta). It has also been held in the said decision that the Court cannot be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints.

With the directions aforesaid, the writ petition, being WPA 22725 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 his 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.)