Calcutta High Court (Appellete Side)
Ramkrishna Roy vs The State Of West Bengal & Ors on 20 June, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
20.06.2013 W.P. No. 17391 (W) of 2013
sn
Ramkrishna Roy
Versus
The State of West Bengal & Ors.
Ms. Sabita Khutia (Bhunya) ...for the Petitioner.
Mr. C.R. Ghosh .. for the State
Let affidavit-of-service be kept on record.
This writ application is filed by the petitioner for payment of
interest for delayed payment of gratuity.
The petitioner retired from service as an assistant teacher of
D.M.B. High School, District-Bankura with effect from February 1,
2008 on attaining the age of retirement on superannuation.
The gratuity money was paid on September 29, 2009 on the
basis of Pension Payment Order dated August 3, 2009. Thereafter,
further gratuity money was paid under the West Bengal Non-
Government Educational Institution Employees (Revision of Pay and
Allowance) Rules 2009 towards revised gratuity on April 2, 2013.
Having heard the learned Counsel appearing for the respective
parties as also after considering the facts and circumstances of this
case, I find that after retirement of the petitioner from the service of
an Assistant Teacher on attaining the age of retirement on
superannuation, there was delay in payment of the gratuity money.
But, there was delay on the part of the petitioner also to claim
interest on principal amount by way of filling this writ application.
The above issue has already been decided by a judgment dated April
29, 2013 delivered in the matter of Parbati Maiti vs. The State of West
Bengal & Ors. (In re: W.P. No.19675 (W) of 2012) and the relevant
portions of the above decision are set out below:
"In view of the discussions and
observations made hereinabove, the Secretary
to the Government of West Bengal, Education
Department, is directed to conduct an enquiry
with regard to delayed payment of gratuity to
the petitioners taking into consideration the
provisions of the said Government Order and to
arrive at a decision within six months from the
date of communication of this order. In the
event, it is found that there was lapse or
negligence on the part of any Government
Officer, President/Secretary of Managing
Committee or the Headmaster of the Non-
Government Educational Institution concerned,
payment of interest at the rate of 9 per cent per
annum for the period between due date of
payment and actual date of payment shall be
released in favour of the concerned petitioner
concerned within four weeks from the date of
the above decision.
Liberty is given to the State Government to
realise the above interest from the erring
Officer or the person concerned from his salary
or by way of raising public demand by initiating
appropriate proceeding within two months from
the date of the decision of the secretary to the
Government of West Bengal, Education
Department for protection of public interest by
recovery of money to be spend from public
exchequer. The State Government will also be
at liberty to initiate disciplinary proceeding
against the erring Officer within two months
from the date of above decision of the Secretary
to the Government of West Bengal, Education
Department in appropriate cases.
These writ applications are disposed of
accordingly.
There will be, however, no order as costs.
Urgent Photostat certified copy of this
judgment, if applied for, be given to the parties,
as expeditiously as possible, upon compliance
with the necessary formalities in this regard."
So far as the second part of the claim of the
petitioner is concerned, it relates to delay in
payment of revised gratuity under the West Bengal
Non-Government Educational Institution Employees
(Revision of Pay and Allowance) Rules, 2009. In
respect of this part of the claim of the petitioner, the
claim was made by the petitioner within three years
from the date of cause of action. In such a case, the
issue of payment of interest for delayed payment of
gratuity has been decided by a judgment dated July
9, 2008 delivered in the matter of Ava Acharyya vs.
State of West Bengal & Ors. (In re: W.P. No.10750
(W) of 2007) and the relevant portions of the above
decision are quoted below:
"Following the said Judgment and/or
Order, I dispose of W.P. No.1867 (W) of 2007 on
04.04.2008 and in other similar matters, I
observed that since the issue was similar, the
Order that I had passed in the said W.P.
No.1867 (W) of 2007 should govern those cases
also.
However today when this huge pile of cases were heard,
a submission was made which was not made in the cases
before me referred to above, and which was to the effect that
there cannot be any adjudication on the question as to who was
responsible for delay in matters pertaining to payment of
gratuity because the entitlement to gratuity is automatic and is
to be paid on the very day the person retires. Even the learned
Advocate General did not dispute this contention and very
frankly and fairly stated that so far as the gratuity is concerned,
it has to be paid on the date the person retires with the only
exception that it can be withheld in cases where a departmental
action is pending against the concerned employee."
(Emphasis supplied)
In view of the discussions and observations made
hereinabove, the respondent-authority is directed to pay interest for
delayed payment of revised gratuity under the West Bengal Non- Government Educational Institution Employees (Revision of Pay and Allowance), Rules, 2009 to the petitioner at the rate of 9 per cent per annum for the period between the due date of its payment and the actual date of its payment within a period of two months from the date of communication of this order. It is made clear that the rate of interest is fixed by 9 per cent taking into consideration the highest prevailing rate of interest payable on fixed deposit by a nationalised bank.
With regard to the claim of the petitioner for payment of interest for delayed payment of gratuity for the first time after his retirement on attaining the age of retirement on superannuation, the Commissioner of School Education, Government of West Bengal is directed to take steps in the manner prescribed in judgment dated April 29, 2013 delivered in the matter of Parbati Maiti vs. The State of West Bengal & Ors.(In re: W.P. No.19675 (W) of 2012) as recorded hereinabove.
It is made clear that the direction is given to the Commissioner of School Education, Government of West Bengal instead of Secretary to the Government of West Bengal, Education Department, considering his preoccupation with other important assignments attached to his post and the number of cases involving same and identical issue.
This writ application is, thus, disposed of. There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties upon usual undertakings.
(Debasish Kar Gupta, J.)