Mandira Roy v. State Of West Bengal & ORS

03.09.2020.

WPA 29983 of 2017 abhar/bdutta Mandira Roy Vs State of West Bengal & Others (Via Video Conference) Ms. Sabita Khutia (Bhunya).

... For Petitioner Mr. Samsul Kabir Humayun Reza.

... For State Affidavit of service filed in Court today be kept with the record.

The material facts of the case are supported by records and hence I have not called for affidavits. The petitioner was appointed as a College Associate Professor and retired from service on 30.11.2015. The grievance of the petitioner is that the gratuity amount was disbursed to her only on 03.03.2017. She claims interest on the delayed payment of the gratuity amount.

It is now settled law that the gratuity amount is to be released to the retired employee immediately upon retirement. If there is a delay in releasing the gratuity amount, the retired employee is entitled to interest. Various orders have been passed by this Court holding that the retired employee is entitled to receive interest on delayed payment of gratuity. Some of such orders have been placed before me.

Having heard the learned counsel for the parties and having regard to the orders of this Court passed in other matters, 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 9% per

annum on the gratuity amount calculated from 01.12.2015 till actual date of 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 to be admitted.

WPA 29983of 2017 is, accordingly, disposed of. There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on priority basis. (Arijit Banerjee, J.)