Asim Kumar Dewasi v. The Durgapur Projects Limited And ORS.

30.11.2022 IN THE HIGH COURT AT CALCUTTA DL-89 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 25570 of 2022 Asim Kumar Dewasi Vs.

The Durgapur Projects Limited & Ors.

Mr. Tathagata 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 November 30, 2021. The gratuity dues of the writ petitioner aggregating Rs.12,25,093/- and leave salary of 270.5 days were not paid to him till date. Neither the quantum of gratuity nor the quantum of leave salary is in dispute.

Mr. Deb, learned counsel appearing on behalf of the writ petitioner prays for principal sum of gratuity and interest thereon payable to the writ petitioner from December 01, 2021 (the date

succeeding the date of retirement) till the date on which the actual payment is made.

The learned counsel appearing on behalf of the writ petitioner also prays for leave salary of 270.5 days of the petitioner, which has not been paid till date. He further prays for interest on the leave salary, due and payable to the writ petitioner. The number of days of earned leave, due and payable to the writ petitioner is not in dispute. 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 his gratuity dues and interest on the delayed payment of gratuity due from December 01, 2021 till the date on which the actual payment is made at the rate of 6% per annum.

The writ petitioner is also entitled to earned leave of 270.5 days and interest thereon @ 6% per annum from December 1, 2021 till the date on which the actual payment is made.

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 25570 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.

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

(Lapita Banerji, J.)