Pannalal Mukherjee v. The Durgapur Projects Limited And ORS

15.11.2022 (sanjay) Ct 21

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 23480 of 2022 Pannalal Mukherjee 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.

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, 2014. The gratuity and leave salary dues of the writ petitioner aggregating Rs/- 14,27,095/- was paid on November 19, 2014. Neither quantum of gratuity nor the quantum of leave salary nor the date of payment is in dispute. Mr. Sarkar, Learned Counsel appearing on behalf of the writ petitioner, prays for interest on gratuity and leave salary payable to the writ petitioner from April 01, 2014 (the date succeeding the date of retirement) till November 19, 2014 (the date on which the dues were actually paid). The issue has been squarely settled by various Judgements passed by 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 01, 2014 till November 19, 2014 and also interest on leave salary 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 be 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 23480 of 2022, 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.

(Lapita Banerji, J.)