Pallab Kumar Guha Alias Pallab Kr Guha v. The State Of West Bengal And ORS

OD-13 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/262/2024 PALLAB KUMAR GUHA ALIAS PALLAB KR GUHA VS THE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 9th April, 2024.

Appearance :

Mr. Debdutta Basu, Adv.

... for the petitioner.

Ms. Deblina Chattaraj, Adv.

Ms. Angana Dutta, Adv.

... for respondent corporation.

Mr. Naba Kr. Das, Adv.

Mr. Subhabrata Das, Adv.

... for the State.

The Court : - 1. The petitioner claims interest for delayed payment of his retiral benefits.

2.

Admittedly, the petitioner retired from service on 31st January, 2021. He made a representation for release of his terminal dues on 29th January, 2024. The petitioner was paid his terminal dues on 6th April, 2021. By representation dated 29th January, 2024, the petitioner prayed for interest on delayed payment of his terminal dues. 3.

It is now a settled position of law that terminal benefits to an employee should be paid immediately upon retirement as any delay in payment of the same could lead to serious adverse repercussions on the

employee. Such retired employee does not draw or have any source of income whatsoever to sustain himself. Reference in this regard is made to a decision of the Hon'ble Supreme Court in the case of State of Andhra Pradesh & Anr. vs. Dinavahi Laxmi Kameswari, dated February 8, 2021, rendered in Civil Appeal No.399 of 2021.

4.

The petitioner is, therefore, entitled to interest and shall be paid interest on his terminal dues from the date of his superannuation, i.e. 31st January, 2021 till 6th April, 2021, at the rate of 6% per annum. Let such interest be paid within a period of four months from date. In default, the rate of interest shall stand increased to 7% per annum. 5.

With the aforesaid directions, WPO No.262 of 2024 stands disposed of. The affidavit of service, filed in Court, be kept with the records.

6.

There will be no order as to costs.

(RAJASEKHAR MANTHA, J.) SN/mg