Calcutta High Court (Appellete Side)
Md. Yousuf Ali Khan vs The State Of West Bengal & Ors on 10 April, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
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10.04.2014
(PP)
W. P. No.11101 (W) of 2014
Md. Yousuf Ali Khan
Vs.
The State of West Bengal & Ors.
Mrs. Sabita Khutia (Bhunya)
.....for the petitioner.
Mr. Somnath Ray
....for the State.
Affidavit of service filed in Court today be kept 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 30th April, 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 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
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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.
(Biswanath Somadder, J.)