Calcutta High Court (Appellete Side)
Asok Kumar Mallik vs The State Of West Bengal & Ors on 8 October, 2013
Author: Biswanath Somadder
Bench: Biswanath Somadder
08.10.2013.
ap W.P. 32034 (W) of 2013
Asok Kumar Mallik
Vs.
The State of West Bengal & Ors.
Mr. Debasis Mukhopadhyay
... For the petitioner.
Mr. Nilotpal Chatterjee
... For the State.
Affidavit of service filed in Court today be taken on record. The petitioner is seeking interest on delayed payment of gratuity in a fact situation where he retired from service more than three years prior to the date of filing of the instant writ petition. If one has to approach the writ Court essentially seeking relief in equity, he/she ought to avail the first opportunity. He/she cannot wait for more than three years and then file a writ petition, seeking payment of interest on delayed payment of gratuity, especially when no steps have been taken by him/her to challenge the delay of issuance of the Pension Payment Order itself, within three years from his/her date of retirement.
For reasons stated above, this Court finds no merit in the writ petition, which is liable to be summarily dismissed and is accordingly dismissed.
(Biswanath Somadder, J.)