Sukdew Chettri v. State Of West Bengal And ORS.
12.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 743 of 2023 Sukdew Chettri -versusThe State of West Bengal & Ors.
Mr. Krishnapada Santra ...For Petitioner Mr. Bikramaditya Ghosh Mr. Pretom Das ... For the State Affidavit of service filed in Court today, is taken on record.
The brother of the petitioner was an approved Panchayet Sahayak of Lingseykha Gram Panchayet, District - Kalimpong who died in harness on 25.12.2018. The pension payment order was issued on 13.12.2022 and the petitioner received the gratuity on 23.02.2023.
The grievance of the petitioner is that interest on the delayed payment of gratuity has not been paid.
It is now settled law that the pension and gratuity amount is to be released to the retired employee immediately upon retirement and in case of delay in releasing the pension and gratuity
amount, the retired employee is entitled to get interest.
Similar orders have already been passed by this Court, by which retired employees were granted interest for delayed payment of gratuity and arrear pension.
It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of attaining superannuation.
As such, in view of decision of Union of India Verses Tarsem Singh reported in (2008) 8 SCC 648 in spite of delay in making the application for interest on gratuity the delay was not fatal and shall not take away the claim of the petitioner in getting interest on delayed payment.
The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasure Officer are directed to pay interest @ 8% per annum on the gratuity amount from the date of death of the concerned employee till the actual date of disbursement, after due verification whether any rival claim exists or not.
Such payment is to be made within three months from the date of communication of the
certified copy of this order to the concerned authorities.
Needless to mention that before any such disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant who has approached this Court.
With the aforesaid observation and directions, this writ petition being WPA 743 of 2023 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(ANIRUDDHA ROY, J.)