Bina Roy v. The State Of West Bengal And ORS

10.05.2022 S.B.

Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 91 of 2022 Bina Roy -vsThe State of West Bengal & Ors.

Mr. Debajit Kundu ...for the petitioner Mr. Subir Kumar Saha Mr. Momenur Rahman ...for the State Affidavit of service filed by the petitioner is taken on record.

The petitioner is the wife of deceased teacher who died in harness on 18th February, 2020 and has claimed interest on gratuity which has been released in her favour belatedly. Husband of the petitioner died in harness on 18th February, 2020 and subsequently Pension Payment Order was issued in favour of the petitioner on 12th August, 2021. Pursuant to the said Pension Payment Order, disbursement was made in favour of the petitioner. Petitioner claims interest on gratuity due to delay in releasing the same.

State respondents are represented by Mr.

Subir Kumar Saha, learned advocate.

The entitlement of the writ petitioner to interest on gratuity due to superannuation has

already been decided in the writ petition being W.P.No.4600(W) of (Rabindra Kumar Bhattacharjee vs State of West Bengal and Ors.) wherein upon placing reliance on judgment of the Apex Court in the case of Union of India vs.

Tarsem Singh, reported in (2008) 8 SCC 648 on condoning delay in approaching the Court for payment of interest on gratuity the said writ petition was allowed by extending the benefit on delayed payment of gratuity upon due consideration of the fact that there is no accrual of third party interest and matter relates to payment of retiral dues. Taking note of the observations made by the coordinate Bench in the order dated 17th April, 2019 passed in W.P. No. 4600(W) of 2019 (Rabindra Kumar Bhattacharjee vs. State of West Bengal and Ors.) this Court finds it apposite to grant interest on gratuity to the writ petitioner due to delay in releasing the said amount.

Accordingly, the Director of Pension Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest at the rate of Rs.8% per annum to the writ petitioner on gratuity from the date following date of death of the husband of the petitioner till the date of disbursement of the gratuity amount, within a

period of eight weeks from the date of communication of this order.

Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.

With the above observation, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)