Calcutta High Court (Appellete Side)
Bimal Kumar Mondal vs State Of West Bengal And Others on 5 April, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
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5. 4 . 2013
W.P. 9053 (W) of 2013
Bimal Kumar Mondal
Versus
State of West Bengal and others
Mr. Dilip Kumar Shyamal,
..for the petitioner.
Mr. Prabir Kr. Ray,
..for the State.
Affidavit of service filed today be kept on record.
In the writ petition, the petitioner, a teacher of Dakshin
Chandranagar Mokshadamoyee F.P.School in the district of
South 24 Parganas, who had retired on 31st May, 2011, has
prayed for a direction upon the respondents for the grant of
interest on the delayed payment of gratuity since it was disbursed on 28th March, 2012 though Pension Payment Order was issued on 19th December, 2011. According to the petitioner, since gratuity was not paid on the date of retirement, he is entitled to such interest.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, since it has been stated that gratuity was disbursed belatedly, the Director of Pension, Provident Fund and Group Insurance, 2 Government of West Bengal, Kolkata, the District Inspector of Schools (P.E.), South 24 Parganas and the Treasury Officer, Kakdwip, South 24 Parganas, the respondent nos. 2, 3 and 5 respectively are directed to grant interest @ 10% per annum on the delayed payment of gratuity to be calculated from the date of retirement till the date of actual payment after scrutinising the original records including the records maintained by the concerned treasury officer within ten weeks from the date of presentation of a copy of the certified copy of this order. If such payment is not made by the State respondents within the time as stipulated, additional interest @ 2% per annum shall be paid by the said respondents. Since gratuity was disbursed belatedly by the State authorities, though it should have been released on the date of superannuation and as due to payment of interest State shall suffer monetary loss, the Secretary, Department of Education, Government of West Bengal, the respondent no.1 is at liberty to deduct the amount paid on account of payment of interest on the delayed payment of gratuity in accordance with law from the salary of the erring State respondents and/or State officials for the financial loss caused to the State. The writ petition is disposed of.
There will be no order as to costs.
3Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Soumitra Pal, J. ) 4