Calcutta High Court (Appellete Side)
Sambhunath Pal vs The State Of West Bengal & Ors on 26 June, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
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134
26.06.2014
pg.
WP No. 17714 (W) of 2014
Sambhunath Pal
Vs.
The State of West Bengal & Ors.
Mr. Sourav Mitra
... For the petitioner
Mr. Bipin Ghosh
... 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 July, 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 gratuity
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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.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
3(Biswanath Somadder, J.)