Jyotshna Das v. The Durgapur Projects Ltd. And ORS

30.11.2022 IN THE HIGH COURT AT CALCUTTA DL-76 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 25388 of 2022 Jyotsna Das 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 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.

He was superannuated from August 31, 2019.

The gratuity and leave salary dues of the husband of the writ petitioner aggregating Rs.6,60,246/- was paid on August 17, 2020. 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 of her husband payable to

the writ petitioner from September 01, 2019 (the date succeeding the date of retirement) till August 17, 2020 (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 her husband's gratuity and leave salary dues from September 01, 2019 till August 17, 2020 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 25388 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 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.)