Madhumita Roy v. The State Of West Bengal And ORS

10.05.2022 S.B.

Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 92 of 2022 Madhumita Roy -vsThe State of West Bengal & Ors.

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

The petitioner superannuated on 31st October, 2019 from the post of Assistant Teacher in a non-Government aided secondary school and subsequently, retiral dues were released in favour of the petitioner on issuing Pension Payment Order dated 23rd March, 2020. Petitioner claims interest on gratuity since the amount of gratuity has been released belatedly.

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 superannuation of the petitioner till the 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.)