Prashant Bardewa v. The State Of West Bengal And ORS

Circuit Bench of Calcutta High Court at Jalpaiguri 10.05.2022 adeb W.P.A. 876 of 2022 Prashant Bardewa -vsThe State of West Bengal & Ors.

Mr. Deborshi Dhar Mr. Shreyash Marodia ....for the petitioner.

Mr. Bikramaditya Ghosh Mr. Pretom Das ....for the State.

Affidavit-of-service filed in Court today is kept with the record.

Petitioner's mother was gram Panchayat karmee who died in harness on 17th May, 2018. After the death of the mother of the petitioner terminal benefits including retiral dues were paid upon issuing Pension Payment Order dated 12th June, 2019. Petitioner being the son of the deceased Panchayat karmee has prayed for interest on gratuity which has been released belatedly.

State-respondents are represented by Mr. Bikramaditya Ghosh, learned advocate.

The entitlement of the writ petitioner to interest on delayed payment of gratuity due to superannuation has already been decided in the

writ petition being W.P.No.4600(W) of 2019 (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, West Bengal 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 the date of death of the mother 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.)