Champa Sarkar(Das) v. The State Of West Begal And ORS

Circuit Bench of Calcutta High Court at Jalpaiguri 05.05.2022 adeb W.P.A. 980 of 2022 Champa Sarkar (Das) -vsThe State of West Bengal & Ors.

Mr. Debajit Kundu ....for the petitioner.

Mr. Subir Kumar Saha, Ld. AGP Mr. Momenur Rahman ....for the State.

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

Husband of the petitioner was an Assistant Teacher in a primary school, who died in harness on 19th February, 2017. After death of husband of the petitioner Pension Payment Order was issued vide memo dated 21st November, 2019 and accordingly the terminal benefits were released in favour of the petitioner. Disbursement of terminal benefits including gratuity was made in favour of the petitioner on 6th December, 2019. Writ petitioner claims interest on gratuity since the same was payed belatedly to her.

State respondents are represented by Mr.

Subir Kumar Saha, learned Additional Government Pleader.

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 husband of the petitioner till the actual 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.)