Sisir Kumar Datta @ Sisir Kumar Dutta v. The State Of West Bengal And ORS

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/238/2024 SISIR KUMAR DATTA @ SISIR KUMAR DUTTA -VSTHE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 18th April, 2024.

Mr. G. Mohammad, Adv.; Mr. S.M. Burhanuddin, Adv., for petitioner. Mr. S. Bandopadhyay, Adv.; Ms. T. Samanta, Adv., for State. Mr. N. Bhattacharjee, Adv.; Ms. D. Chattaraj, Adv.; Mr. A. Sanghi, Adv., for Corporation

1. The Court: The petitioner prays for interest on delayed payment on the retiral benefits.

2. It is now well settled that the retiral benefits are required to be paid immediately as the employee has no source of income after employment.

3. The petitioner superannuated on 31.10.2018. Retiral benefits were paid on three dated, i.e. on 01.02.2019, Rs.13,38,142.00 and Rs.10,49,504.00 and on 04.02.2019, Rs.13,38,146.88.

4. The petitioner is, therefore, entitled to interest at the rate of 7% per annum for the periods of delay and the quantums thereof.

5. Let the interest as above be paid to the petitioner by 20th May, 2024. In default of payment as indicated hereinabove, the rate of interest shall stand increased to 9% per annum.

6. With the aforesaid directions, the writ petition is disposed of.

7. There shall be no order as to costs.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(RAJASEKHAR MANTHA, J.) tk