Calcutta High Court (Appellete Side)
Pg. Sankar Prasad Datta vs The State Of West Bengal & Ors on 13 August, 2013
Author: Biswanath Somadder
Bench: Biswanath Somadder
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46 WP No. 23914 (W) of 2013
13.08.2013
pg. Sankar Prasad Datta
Vs.
The State of West Bengal & Ors.
Mr. Sandip Ghosh
Mr. Sudip Sarkar
... For the petitioner
Mr. Amrita Lal Chatterjee
... For the State
Affidavit of service filed in Court today be taken on
record.
After considering the submissions made by the learned
advocates for the parties and upon perusing the instant writ
petition, it appears that the principal grievance of the writ
petitioner is delayed payment of gratuity by the State, upon
his superannuation from service on 31st March, 2012.
It appears that this matter is squarely covered by a
recent decision of this Court rendered in the case of Mohan
Ch. Halder & Ors. Vs. State of West Bengal & Ors. in WP
30264 (W) of 2008 along with several other writ petitions on
14th May, 2009.
I am of the view that similar directions can be given in
the instant writ petition, as directed by this Court in Mohan
Ch. Halder's case. I, therefore, dispose of the instant writ
petition by directing the Director of Pension and Provident
Fund and Group Insurance to pay interest at the rate of
10% on the gratuity amount to be computed from the date
of retirement of the petitioner uptil the date on which the
gratuity amount is disbursed. However, in the event there is
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any material before the said authority that because of any
wilful laches on the part of the concerned employee in
receiving the gratuity amount or the disbursement of
gratuity was held up for some specific negligent acts on the
part of the claimant and the said sum could not be paid on
the date of superannuation or at any later date, then it
would be permissible for the said authority to decline
payment of interest. But before finally deciding this issue,
an opportunity of hearing shall be given to the writ
petitioner and the reason shall be disclosed as to why the
interest on gratuity is not being paid in his case. In the
event, there is any disciplinary proceeding pending against
the petitioner, then also the authorities would be entitled to
withhold the payment of gratuity.
The respondent authorities are accordingly directed to
release interest on delayed payment of gratuity to the petitioner to be computed from the date of superannuation of the concerned employee uptil the date of disbursement of gratuity.
Such payment shall be made within ninety days from the date of communication of this order. In the event the authorities, for reasons indicated above, decide not to pay the interest to the writ petitioner, he shall be informed in writing, within thirty days from the date of communication of this order, the reason as to why such interest would not be paid and thereafter the procedure directed above shall be followed.
Urgent photostat certified copy of this order, if applied 3 for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)