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16.05.2014.
rc
W.P. No. 14897(W) of 2014
Nitya Gopal Mandal
Versus
The State of West Bengal & Ors.
Mr. Dilip Kr. Maity ... For the Petitioner.
Let the affidavit of service be kept on record.
This writ petition is filed by the writ petitioner for a direction
upon the respondent authorities to pay interest on gratuity for belated payment of the same.
Having heard the learned Counsel appearing for the respective
parties and also considering the facts and circumstances of the case, I
find that the petitioner was an Assistant Teacher of Chhamugram High
School, District – Murshidabad and the petitioner retired from the
above service on February 29, 2008 on attaining the age of retirement
on superannuation.
First payment was made to the petitioner on April 10, 2008. First
payment on the basis of revision was made on May 13, 2012.
A prayer is made on behalf of the petitioner not to press the
claim of interest on gratuity on first payment for delayed payment of
the same and to confine the prayer of the petitioner in respect of the
benefit of West Bengal Non‐Government Aided Educational
Institutions Employees (Revision of Pay and Allowances) Rules, 2009
or interest for delayed payment of that benefit, as the case may be.
The point of law, which is involved in this writ application, has
already been settled by a judgment delivered by a Single Bench of this
Court in W.P. 10750 (W) of 2007 on July 9, 2008 in the matter of Abha
Acharya -vs‐ State of West Bengal & Others. In the above case the
petitioner was a primary school teacher and there was delay in
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releasing his gratuity money. Operative portion of the above decision is
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.”
On the basis of the above observation, direction was given to the
respondent authority to pay interest of gratuity at the rate of 10% per
annum. I do not find any reason for disagreeing with the above
decision.
Accordingly, I direct the respondent authority to give 9%
interest per annum on the revised gratuity amount paid to the
petitioner from the date when it was due and payable till the date of its
actual payment. Such payment shall be made within 90 days from the
date of communication of this order along with copy of this writ
application upon the Director of Pension, Provident Fund and Group
Insurance, Government of West Bengal as also the concerned Treasury
Officer.
It is further made clear that failure on the part of the respondent
authority to pay the aforesaid interest within the stipulated time, an
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additional interest at the rate of 2% per annum shall be paid to the
petitioner.
It is necessary to point out that the rate of interest is fixed at 9%
per annum taking into consideration the highest rate of interest payable
by a nationalised bank on fixed deposit.
The writ petition, is, thus, disposed of.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be
supplied to the parties, on priority basis.
( Debasish Kar Gupta, J. )