Calcutta High Court (Appellete Side)
Smt. Shyamali Ghose (Mondal) vs The State Of West Bengal & Ors on 3 September, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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03.09.2015
s.das
W.P. 2032(W) of 2015
Smt. Shyamali Ghose (Mondal)
Vs.
The State of West Bengal & Ors.
Mr. Uttam Kumar Majumder,
Mr. Bhagbat Chaudhuri
... for the petitioner
Mr. Nirmal Kumar Manna,
Mr. Sanatan Panja
.... for the State
Let affidavit-of-service filed by the learned Counsel
appearing for the petitioner in Court today be kept on record.
The petitioner has filed the present writ petition for
direction upon the respondent authorities to disburse the
interest on the delayed payment of pension and gratuity.
Mr. Majumder, learned Counsel appearing for the petitioner, submits that it is revealed from page-14, Annexure- 'P-2' that Pension Payment Order (P.P.O.) was issued on 18th December, 2013. In the said Pension Payment Order, in column 6, it is intimated that the pension was with effect from 1st December, 2005 but pension and gratuity was unfortunately released on 1st April, 2014.
Therefore, Mr. Majumder, learned
Counsel appearing for the petitioner,
submits that the petitioner is entitled to enjoy interest at the rate of 9% per annum for delayed payment of pensionary benefit as well as the gratuity. In support of his contention Mr. Majumder, learned Counsel, relies on the decision of the Hon'ble Supreme Court reported in (2014)8 SCC 894 (D.D. Tewari (dead) through Legal Representatives vs. Uttar Haryana Bijli Vitran Nigam Limited & Ors.). Paragraphs 6 to 8 of the said judgement are quoted below :
"6. It is an undisputed fact that the appellant retired from service on attainting the age of superannuation 2 on 31-10-2006 and the order of the learned Single Judge after adverting to the relevant facts and the legal position has given a direction to the respondent employer to pay the erroneously withheld pensionary benefits and the gratuity amount to the legal representatives of the deceased employee without awarding interest for which the appellant is legally entitled, therefore, this Court has to exercise its appellant jurisdiction as there is a miscarriage of justice in denying the interest to be paid or payable by the employer from the date of the entitlement of the deceased employee till the date of payment as per the aforesaid legal principle laid down by this Court in the judgement referred to supra. We have to award interest at the rate of 9% per annum both on the amount of pension due and the gratuity amount which are to be paid by the respondent.
7. It is needless to mention that the respondents have erroneously withheld payment of gratuity amount for which the appellants herein are entitled in law for payment of penal amount on the delayed payment of gratuity under the provisions of the Payment of Gratuity Act, 1972. Having regard to the facts and circumstances of the case, we do not propose to do that in the case in hand.
8. For the reasons stated above, we award interest at the rate of 9% on the delayed payment of pension and gratuity amount from the date of entitlement till the date of the actual payment. If this amount is not paid within six weeks from the date of receipt of a copy of this order, the same shall carry interest at the rate of 18% per annum from the date the amount falls due to the deceased employee. With the above directions, this appeal is allowed."
Therefore, the petitioner is entitled to enjoy the interest at the rate of 9% per annum on the delayed payment of pensional benefit and gratuity failing which the petitioner is also entitled to enjoy interest at the rate of 18% per annum for that delayed payment of pensional benefit.
Mr. Manna, learned Counsel appearing for the State, submits that the Court should consider the rate of interest. He further submits that if the State fails to disburse the payment then only petitioner is entitled to enjoy 18% interest per annum as has been indicated in (2014)8 SCC 894 (supra).
Considering the submissions advanced by the learned Counsel appearing for the respective parties, I am of the view that justice would be subserved if the respondent 3 no. 2, the concerned Director of Pension, Provident Fund & Group Insurance, West Bengal, is directed to sanction interest at the rate of 9% per annum for delayed payment of retiral benefit, pension and gratuity within a period of four weeks from the date of communication of this order and thereafter forward his decision to the respondent no. 4, the Treasury Officer, Barasat-II, District- North 24-Parganas and after receiving the same, the respondent no. 4 will disburse that amount towards interest in favour of the petitioner for delayed payment of pension and gratuity within a period of two weeks thereafter.
With this direction, the writ petition is disposed of.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. ) 4 W.P. 15557(W) of 2015 Ms. Ranjana Har Chowdhury ... for the petitioner Ms. Sipra Majumder, Mr. K.M. Hossain ... for the State Let affidavit-of-service filed by the learned Counsel for the petitioner in Court today be kept on record.
Despite service of notice no one appears on behalf of the State authority. No adjournment is sought for.
Ms. Majumder, learned Counsel, who usually appears for the State, is present in Court today.
I direct Ms. Majumder, learned Counsel alongwith Mr. Hossain, learned Counsel, to appear in this matter for the State.
Legal Remembrancer is directed to regularize the engagement of Ms. Majumder, learned Counsel and Mr. Hossain, learned Counsel appearing for the State, accordingly.
There is no scope to pass any interim order at this stage. Respondents are directed to file affidavit-
in-opposition by three weeks from date; reply, if any, be filed within one week thereafter.
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