Calcutta High Court (Appellete Side)
Subodh Bala Barik And Another vs The State Of West Bengal And Others on 17 January, 2012
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
S/L.16.
17.01.2012.
bpg.
High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.S.T.335 of 2011
Subodh Bala Barik and another
Versus
The State of West Bengal and others
Mr. Samiran Giri.
...for the petitioners.
Mr. Jyotosh Majumder,
Mr. Manas Kumar Sadhu.
...for the State-respondents.
By moving this application under Article 226 of the Constitution of India, the heirs and legal representatives of the deceased-employee challenge the order of the West Bengal Administrative Tribunal refusing to pass direction on the authorities to pay interest on the delayed release of gratuity amount and erroneous deduction from the payments on account of house building loan including interest.
The employee concerned, unfortunately, died-in- harness on August 2, 2004. Undoubtedly, the payments were released late. Although papers were ready some time in December 2004 2 calculating the gratuity payable on account of the deceased employee, the payment was not made immediately.
Admittedly, the authorities erroneously deducted certain amount on account of non-payment of instalments of house building loan although such instalments were deposited.
The petitioner approached the Tribunal for interest.
It was submitted on behalf of the authorities that there was no intentional laches on the part of the government in releasing the payments. Fact remains there was inordinate delay in releasing the gratuity and releasing the amount, which was erroneously deducted.
We think that, in facts and circumstances of this case, the petitioners are entitled to interest on the delayed payments.
We, therefore, dispose of this application, upon modification of the order of the Tribunal, directing payment of interest at the rate of 9% per centum per annum from the date of death of the employee concerned till the actual payments are made.
The authorities are directed to calculate the amount payable on account of interest and release the same within two months from the date of communication of this order.
We make no order as to costs.
(Subhro Kamal Mukherjee, J.) 3 (Nishita Mhatre, J.)