Ajay Kumar Thapa v. State Of West Bengal And ORS.

05.05.2022 S.B.

Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 343 of 2022 Ajay Kumar Thapa -vsThe State of West Bengal & Ors.

Mr. Debajit Kundu ...for the petitioner Mr. Hirak Barman Mr. Pretom Das ...for the State Affidavit of service filed by the petitioner is taken on record.

The writ petitioner was Assistant Teacher, who retired on superannuation 31st December, 2019. After superannuation of the writ petitioner, first Pension Payment Order was issued on 15th June, 2020 and as per the first Pension Payment Order disbursement of retiral dues were made in his favour. Subsequently, due to revision of pay as per ROPA 2019 revised Pension Payment Order was issued on 30th September, 2021. The writ petitioner claims interest on revised gratuity as per revised Pension Payment Order.

State respondents are represented by Mr.

Hirak Barman, 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 revised gratuity as per revised pension payment order from 14th February, 2020 till the date of actual disbursement of the revised gratuity amount in favour of the retired teacher, 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.)