Ghanteswar De v. State Of West Bengal & ORS

Court No. 24 W.P.A 29063 of 2017 (via video conference) 04.08.2021 (Item No. 47) Ghanteswar De vs The State of West Bengal & Ors.

(AB) Mr. Sudip Sarkar Mrs. Sabita Khutia (Bhunya) ... for the petitioner Affidavit of service filed in Court today be kept with the record.

The petitioner was a Librarian and retired from service on 28.02.2015. Pension payment order was issued on 11.01.2016. The grievance of the petitioner is that the gratuity amount was disbursed to him only on 24.02.2016. The petitioner claims interest on delayed payment of the gratuity amount.

None appears on behalf of the State.

I have heard learned counsel appearing for the petitioner and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. Further, gratuity and pension are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive gratuity and pension upon retirement.

If payment of such gratuity and pension is delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it was the bounden duty of the State to disburse the gratuity and pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. Pension and gratuity are welfare provisions aimed at maintaining the life of a retired employee and his/her dependents. This is compensatory in nature.

In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 5% per annum on the gratuity calculated on and from the next date of retirement till the date of actual payment.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities. Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

W.P.A. 29063 of 2017 is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)