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Calcutta High CourtWPA/28280/2023disposed

Swapan Kumar Biswas v. State Of West Bengal And ORS.

2024-01-04Hon'Ble Justice Rajasekhar Mantha2 pages

04-01-2024 ct no. 13 sl. 12 pk WPA 28280 of 2023 Swapan Kumar Biswas -VersusThe State of West Bengal and others Mr. Goutam Dey, Mr. Dipendu Sarkar, Mr. Ankan Mondal, Ms. Dipanwita Ganguly ... for the petitioner Ms. Deblina Chattaraj, Ms. Angana Dutta ... for the Corporation.

Ms. Joyee Maiti ... for the State.

1.

The petitioner prays for interest on delayed payment of all retiral benefits including provident fund, gratuity and leave encashment.

He superannuated on 21.12.2020 and received his terminal benefits on 30.11.2021.

2.

There is a delay of 10 months in payment of his terminal benefits.

3.

It is now well settled that delayed payment of terminal benefits attracts interest as the petitioner has no source of income whatsoever after superannuation.

4.

In those circumstances, let the interest at the rate of 7 per cent per annum be paid to the petitioner for the period of 10 months on the total

terminal benefits paid to him being a sum of Rs.33,04,082.43/-.

5.

The writ petition is disposed of.

6.

There will be no order as to costs.

7.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)