Single judge order directing Berhampore Municipality and State officials to release overdue retirement dues and gratuity within six months, along with statutory interest, citing acute fund shortage as an insufficient bar.
Release of retirement dues within six months; payment of interest at 5% per annum on dates of accrual.
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In The High Court At Calcutta Constitutional Writ Jurisdiction
16.12.2020 ( Vid Video Conference) Ct. No. 24 Item No. 21
WPA No. 9760 of 2020 Kanan Das @ Janan Bala Das v. The State of West Bengal & Ors.
Mr. Lalratan Mondal … for the petitioner.
Mr. Arindam Das Mr. Biswajit Sarkar … for the Municipality.
The petitioner retired from service of the Berhampore Municipality on 31st December, 2018. The e-Pension Payment Order (PPO) was issued in her favour on 3rd August, 2020 but the amount of gratuity as mentioned in the PPO was not disbursed in her favour on the ground of non-availability of funds.
The learned advocate representing the Municipality submits upon instructions, that there is severe shortage of funds in the Municipality and request has been made by the Municipality to the Joint Secretary, Government of West Bengal, Department of Urban Development and Municipal Affairs by a communication dated November 11, 2020 for supply of
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funds to meet the retiral dues of the employees of the Municipality.
The learned advocate appearing on behalf of the Municipality further submits that the Municipality is under an Administrator and steps have been taken for seeking funds from the State Government for payment of the dues of the retired employees.
In a similar matter being WP No. 13953(W) of 2015 a co-ordinate Bench of this Court by an order dated January 18, 2016 directed the respondents to clear off the dues of the petitioner within a specified time.
None appears on behalf of the State.
As it appears that orders have been passed in similar matters by the Court, accordingly, the instant writ petition is also disposed of on similar lines.
The respondent nos. 5, 6 and 7 being the Administrator, Berhampore Municipality & SubDivisional Officer, Berhampore Sadar, the Executive Officer of the Berhampore Municipality and the Chairman, Berhampore Municipality are directed to take immediate steps for releasing the dues of the petitioner as mentioned in the PPO within a period of six months from the date of communication of a copy of this order.
As the money was due and payable to the petitioner on the date of her retirement and there has been inordinate delay on the part of the respondents in
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releasing the said dues, the petitioner shall be entitled to receive the money along with interest. The dues of the petitioner shall be paid along with interest @ 5% per annum to be calculated on and from the date of its accrual till the date of actual payment.
The respondent nos. 1 and 2 being the Principal Secretary, Department of Urban Development & Municipal Affairs and the Principal Secretary, Finance Department, Government of West Bengal are directed to ensure that the order passed herein is complied by the Municipality within the time as specified hereinabove.
WPA No. 9760 of 2020 stands disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.
sh ( Amrita Sinha, J.)
3 issues framed by the court
Whether the retirement dues and gratuity payable to a municipal employee can be released when the municipality cites an acute shortage of funds.
Whether the Government of West Bengal is directed to ensure compliance of a court order regarding payment of retirement dues by a municipality.
Whether interest is payable on retirement dues due to inordinate delay in payment.
Kanan Das @ Janan Bala Das
The State of West Bengal & Ors.
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
