Calcutta High Court (Appellete Side)
Mani Bhusan Kar vs The State Of West Bengal & Ors on 7 May, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
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In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No. 31938 (W) of 2008
Mani Bhusan Kar
v.
The State of West Bengal & Ors.
Mr. U.K.Bhattacharyya, advocate, for the petitioner.
Heard on : May 7, 2010
Judgment on : May 7, 2010
The Court: The petitioner is claiming interest for belated payment of gratuity.
Since a large number of persons are filing art.226 petitions before this court claiming
interest for belated payment of gratuity, I requested Mr Advocate General to appear before me
and tell me what is the stand of the government.
Mr Advocate General has appeared before me and submitted that the government has
accepted a large number of orders previously made by this court directing the state to pay interest
at the rate of 10 per cent per annum from the date of retirement of the person claiming interest for
belated payment of gratuity till the date of actual payment of the amount. Mr Advocate General
has said that the state will accept a similar order made at the admission stage disposing of the
petition.
In view of the above-noted situation, I dispose of this petition directing the respondents,
especially the state, to pay the petitioner interest on gratuity at the rate of 10 per cent per annum from the date of retirement or death, as the case may be, of the person concerned till the date of actual payment of the amount. Payment in terms of this order shall be made within four weeks from the date of communication of this order. No costs. Certified xerox according to law.
sh ( Jayanta Kumar Biswas, J)
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