Calcutta High Court (Appellete Side)
Tapan Chandra Dasgupta vs The State Of West Bengal & Ors on 16 July, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1 16.07.2014.
S.D. W.P. No. 19988 (W) of 2014 Tapan Chandra Dasgupta Versus The State of West Bengal & Ors.
Mr. Chandan Dutta ... For the Petitioner.
Mr. Debabrata Mondal ...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 of an Assistant Teacher of Panchampalli Vidyalaya, District‐ Burdwan with effect from January 31, 2004 on attaining the age of retirement on superannuation.
The gratuity money was paid to the petitioner on February 25, 2005. 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 the petitioner from the service of an Assistant Teacher, there was delay in payment of 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:
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"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."
In view of the above settled proposition, the Commissioner of School Education, Government of West Bengal, is directed to take steps in the manner prescribed in the judgment dated April 29, 2013 delivered in the 3 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 pre‐ occupation 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. )