Calcutta High Court (Appellete Side)
Parijat Mandal vs The State Of West Bengal & Ors on 19 May, 2022
Author: Amrita Sinha
Bench: Amrita Sinha
142
19.05.2022
Ct. No.24
BM
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 7551 of 2022
Parijat Mandal
versus
The State of West Bengal & Ors.
Mr. Sudipa Biswas
... for the Petitioner.
Mr. Kapil Guha
... for the State
Affidavit-of-service filed in Court today is taken
on record.
The petitioner was an Assistant Teacher who
retired from service on 31.01.2020. The grievance of the
petitioner is that the Pension Payment Order was issued
on 15.12.2021 and the gratuity and arrear pension
amount was disbursed on 14.01.2022. The petitioner
claims interest on delayed payment of the gratuity and
arrear pension amount.
I have heard learned counsel for the petitioner and
considered the orders passed by this court in similar
facts.
It is settled law that the right of a retired employee
to get his retiral dues on the date of attaining
superannuation is a valuable right which accrues in his
favour on the date of his attaining superannuation.
Further, gratuity and pension are no more considered to
be a bounty to be handed out by the State at its whim.
An employee has a statutory right to receive gratuity
2
and pension upon retirement. If payment of such
gratuity and pension is delayed the retired employee is
surely entitled to get some interest for such delayed
payment.
In the present case, it was the bounden duty of
the State to disburse the gratuity and pension amount
on the due date. If it has failed to do so and has released
such amount after unexplained delay, it is obliged to
pay interest to the retired employee. Pension and
gratuity are welfare provisions aimed at maintaining the
life of a retired employee and his/her dependents. This
is compensatory in nature.
In view of the aforesaid, I direct the concerned
Treasury Officer to pay interest to the writ petitioner at
the rate of 5% per annum on the gratuity and arrear
pension calculated on and from the due date till the
date of actual payment, provided the delay caused was
not attributable to the petitioner.
The Treasury Officer shall not be obliged to pay
interest if the delay was caused on account of any
lapse on the part of the teacher.
Such payment is to be made within eight weeks
from the date of communication of the certified copy of
this order to the concerned authorities.
The concerned respondent authority is directed to
take appropriate steps in accordance with law against the erring officer(s) for whose fault there has been delay in releasing the retirement benefit to the petitioner.
Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.
3The writ petition stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)