Calcutta High Court (Appellete Side)
Sadananda Chatterjee vs The State Of West Bengal & Ors on 31 July, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
1
26 31.07.2013
SD
W. P. 17607 (W) of 2013
Sadananda Chatterjee.
Vs.
The State of West Bengal & Ors.
Mr. Sandip Ghosh,
Ms.Sabita Khutia (Bhunya).
... For the Petitioner.
Affidavit-of-service filed today be kept with the record.
As prayed for leave granted to the petitioner to correct the
typographical errors in paragraph-6 & 13 and the prayer portion of the
writ petition.
In the writ petition, the petitioner, - a Zilla Parishad Executive
Officer of Howrah Zilla Parishad in Howrah who had retired from service
on 31st January, 2012 - has prayed for a direction upon the
respondents to grant interest on the delayed payment of gratuity. I find
that the Pension Payment Order was issued on 9th January, 2013 and gratuity according to the petitioner was disbursed on 2nd March, 2013. Since gratuity was not paid on the date of retirement, prayer has been made for payment of interest on the delayed payment of gratuity.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, since gratuity was not released on the date of retirement, the writ petition is disposed of by directing the Director, Pension, Provident Fund & Group Insurance, Government of West Bengal, Kolkata and the Treasury Officer, Uluberia, Howrah, the respondent nos. 3 and 7 respectively to pay interest @ 10% on the delayed payment of gratuity to be calculated from the date of retirement till the date of actual payment within ten weeks from the date of presenting a copy of the certified copy of this order after verifying the records and documents and after making necessary enquiry. In the event, no such payment is made within the time as stipulated, further 2 interest @ 2% shall be paid by the respondents. Since gratuity was disbursed belatedly by the State authorities though it should have been released on the date of superanuation and as due to grant of interest State shall suffer monetary loss, the Secretary, Department of Panchayat & Rural Development, Kolkata, the respondent no. 1 shall deduct the amount paid on account of payment of interest on the delayed payment of gratuity in accordance with law from the erring State respondents and/or State officials for the financial loss caused to the State.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(SOUMITRA PAL, J.) 3