Calcutta High Court (Appellete Side)
Pushpa Kumari Das (Saha) vs The State Of West Bengal & Ors on 22 April, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
22.4.2014.
ap W. P. 11961 (W) of 2014
Pushpa Kumari Das (Saha)
Vs.
The State of West Bengal & Ors.
Mr. Sukumar Sarkar
... For the petitioner.
SM Samim Ullah
... For the State.
Affidavit of service filed in Court today be taken on record.
On the prayer of the learned advocate for the petitioner, leave granted to
correct the date of retirement of the petitioner.
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 her
superannuation from service on 31st January, 2013.
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
W.P. 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 amount is 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 her 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, she 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 parties.
(Biswanath Somadder, J.)