Calcutta High Court (Appellete Side)
Sb Subhash Chandra Das vs The State Of West Bengal & Ors on 10 March, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
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99 WP No. 7183(W) of 2014
10.03.2014
sb Subhash Chandra Das
Vs.
The State of West Bengal & Ors.
Mr. Subhajit Panja
... For the petitioner.
Mr. Sanjib Kar
... 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 December,
2012.
It appears that this matter is squarely covered by a
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
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gratuity amount was disbursed. However, in the event there
is 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.
3Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)