Jas Bahadur Rai v. The State Of West Bengal And ORS

12.05.2022 S.B.

Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 819 of 2022 Jas Bahadur Rai -vsThe State of West Bengal & Ors.

Mr. Deborshi Dhar ...for the petitioner Mr. Hirak Barman Ms. Bedashruti Bose ...for the State Affidavit of service filed by the petitioner is taken on record.

The writ petitioner is retired teacher, who retired on superannuation 30th April, 2017. After superannuation of the writ petitioner, first Pension Payment Order was issued on 17th July, 2017 and as per first Pension Payment Order disbursement of retiral dues were made in favour of the petitioner. Subsequently, due to revision of pay as per ROPA 2019 revised Pension Payment Order was issued on 4th October, 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, 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 petitioner, within a period

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

Since no affidavit is called for, 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.)