Calcutta High Court (Appellete Side)
Umasankar Das vs The State Of West Bengal & Ors on 28 July, 2016
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96 28.07.2016 WP 13218 (W) of 2016
Umasankar Das
Vs.
The State of West Bengal & Ors.
Mr. Sanajit Kumar Ghosh ...For the Petitioner
Mr. Milan Kumar Maity ....For the State
The affidavit of service filed be kept with the records.
The petitioner was appointed as an Assistant Teacher in the
concerned school under the respondents, Education Department.
The petitioner has retired from service with effect from 01.11.2014. The learned Advocate for the petitioner submits that the respondent authorities issued Pension Payment Order (PPO) on 18.06.2015 and the gratuity amount was received on 03.08.2015. As such, the respondent authorities have delayed to pay the gratuity amount.
The learned Advocate further submits that her client approached the respondent authorities to claim interest on the delayed payment of gratuity amount but they had not considered the same. Hence, the petitioner has filed the writ-petition seeking relief to pay interest at the rate of 18% per annum on the gratuity amount. He further submits that his client rendered long service with the respondent authorities in the concerned school without any break and without any adverse remark. The learned Advocate also cited two decisions, one of which reported in 2004 (1) CLJ (Atul Chandra Mahata Vs. State & Ors.) and another decision reported in (2008) 3 SCC 44 (S.K Dua Vs. State of Haryana & Anr.).
The learned Advocate further submits that as per Payment of Gratuity Act, 1972, amount has to be paid to the petitioner within a period of 45 days but the same has not been complied with. Hence, this writ- petition is filed before this Court for direction upon the respondents and the Education Department to pay the interest at the rate of 18% per annum on 2