Indian Kanoon - Search engine for Indian Law

Calcutta High Court (Appellete Side)

Gosain Chandra Saw Mondal vs The State Of West Bengal & Ors on 6 April, 2017

Author: Samapti Chatterjee

Bench: Samapti Chatterjee

                                                1

017
                 W.P. 10102(W) of 2017

           Gosain Chandra Saw Mondal
                       Vs.
          The State of West Bengal & Ors.



      Mr. Satyaranjan Kundu
                       ... For the Petitioner.

      Mr. Arindam Deb Roy
                     ... For the State.


          Let the affidavit-of-service filed in court today be kept on the record.

          Despite service of notice no one appears on behalf of the respondents and no

adjournment is sought for.

Mr. Arindam Deb Roy, learned Advocate who usually appears on behalf of the State is present in court. I direct Mr. Deb Roy to appear in this matter. Learned Legal Remembrancer is directed to regularise the appointment of Mr. Deb Roy.

Learned Advocate appearing for the petitioner submits that having attained the age of superannuation, the petitioner retired from service as an employee of the Panchayet in question on 31.01.2011. Pension payment order was issued in favour of the petitioner on 07.08.2012 and retirement benefit of the petitioner was released on 31.10.2012.

Although the petitioner was entitled to payment of gratuity from the date of retirement, the same was not paid. By presenting this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of gratuity.

I have heard the learned Advocate for the parties and also considered the order passed by different Hon'ble Judges on the writ petitions involving similar issues. It is reported that the State has accepted all such orders. In view thereof, this writ petition stands disposed of with the direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity @ 9% per annum from the date of retirement till the date of actual payment within 16 weeks from the date of service of an authenticated copy of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner from the date of communication of this order till the date of actual payment.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.

( Samapti Chatterjee, J. ) s