Calcutta High Court (Appellete Side)
Sabita Roy & Ors vs The State Of West Bengal & Ors on 17 December, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
17.12.2014.
rc
W.P. No. 32784(W) of 2014
Sabita Roy & Ors.
Versus
The State of West Bengal & Ors.
Mrs. Sabita Khutia (Bhunya) ... For the Petitioner.
Let the affidavit‐of‐service filed today be kept with the record.
This writ petition is filed by the writ petitioner for a direction
upon the respondent authorities to pay interest on gratuity and
pension for belated payment of the same.
Having heard the learned Counsel appearing for the respective parties and also considering the facts and circumstances of the case, I find that the husband of the petitioner no. 1 was a Panchayet Karmee of Ramkrishnapur Gram Panchayet, District‐ South 24‐Parganas and the husband of the petitioner no. 1 breathed his last on January 11, 2006. First payment was made to the petitioners on August 13, 2006. First payment on the basis of revision was made on March 28, 2013. A prayer is made on behalf of the petitioners not to press the claim of interest on arrear gratuity and pension in respect of first payment for delayed payment of the same and to confine the prayer of the petitioner in respect of the benefit of West Bengal Non‐Government Aided Educational Institutions Employees (Revision of Pay and Allowances) Rules, 2009 or interest for delayed payment of that benefit, as the case may be.
The point of law, which is involved in this writ application on an almost similar issue of delayed payment of gratuity, has already been settled by a judgment delivered by a Single Bench of this Court in W.P. 10750 (W) of 2007 on July 9, 2008 in the matter of Abha Acharya -vs‐ State of West Bengal & Others. In the above case the petitioner was a 2 primary school teacher and there was delay in releasing his gratuity money. Operative portion of the above decision is quoted below :
"Following the said Judgment and/or Order, I dispose of W.P. No. 1867 (W) of 2007 on 04.04.2008 and in other similar matters, I observed that since the issue was similar, the Order that I had passed in the said W.P. No. 1867 (W) of 2007 should govern those cases also.
However today when this huge file of cases were heard, a submission was made which was not made in the cases before me referred to above, and which was to the effect that there cannot be any adjudication on the question as to who was responsible for delay in matters pertaining to payment of gratuity because the entitlement to gratuity is automatic and is to be paid on the very day the person retires. Even the learned Advocate General did not dispute this contention and very frankly and fairly stated that so far as the gratuity is concerned, it has to be paid on the date the person retires with the only exception that it can be withheld in cases where a departmental action is pending against the concerned employee."
On the basis of the above observation, direction was given to the competent authority to pay interest of gratuity at the rate of 10% per annum. I do not find any reason for disagreeing with the above decision on the point involved in an almost similar issue of delayed payment of gratuity.
Accordingly, I direct the competent authority to give 9% interest per annum on the revised gratuity and arrear pension amount paid to the petitioners from the date it was due and payable till the date of its actual payment. Such payment shall be made within 90 days from the date of communication of this order along with copy of this writ application upon the competent authority of the respondents as also the concerned Treasury Officer.
It is further made clear that failure on the part of the respondent authority to pay the aforesaid interest within the stipulated time, an additional interest at the rate of 2% per annum shall be paid to the petitioner.
3It is necessary to point out that the rate of interest is fixed at 9% per annum taking into consideration the highest rate of interest payable by a nationalised bank on fixed deposit.
The writ petition, is, thus, disposed of. However, there will be no order as to costs.
Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.
( Debasish Kar Gupta, J. )