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Calcutta High Court (Appellete Side)

Sailendra Chandra Das vs State Of West Bengal & Ors on 22 December, 2011

Author: Jyotirmay Bhattacharya

Bench: Jyotirmay Bhattacharya

                                    1


22.12.2011.                       W. P. No. 16884W) of 2011


                                   Sailendra Chandra Das
                                          Vs
                                 State of West Bengal & Ors.


                      Mr. Arijit Banerjee                ... For the Petitioner.

                      Mr. Pranab Halder                  ... For the State.


                      The petitioner, who was an approved Assistant Teacher of
              Madhaipur Palli Mangal Vidyalaya in the District of Birbhum, retired from
              service on superannuation with effect from 31.10.2002. Before retirement of
              the petitioner, Pension Payment Order was issued on 23.10.2002.
              Admittedly, the gratuity as per the said Pension Payment Order was received
              by the petitioner on 02.09.2004.

                      The petitioner has filed the instant writ petition as no interest was
              paid by the respondents on delayed payment of such gratuity.

Under such circumstances, this Court disposes of this writ petition by directing the State-respondents to pay interest @8% per annum on delayed payment of such gratuity from the date of retirement of the petitioner up to the date of actual payment thereof. Such payment should be made to the petitioner within twelve weeks from the date of communication of this order.

The writ petition is, thus, disposed of.

Urgent xerox certified copy of this order, if applied for, be supplied to the learned advocate of the parties as early as possible.

    sg                                        (JYOTIRMAY BHATTACHARYA, J.)