The court disposed of a writ petition seeking interest on delayed gratuity payment for a Panchayat Karmee's widow, directing payment at 9% per annum with additional damages for delay.
Direction to pay interest on gratuity at 9% per annum from the date of death till actual payment within 16 weeks.
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06.04.2021. Item no. 341. Court No. 13 ap
W.P.A. No. 7783 of 2021 (Through Video Conference)
Sabita Pakrey
Versus
The State of West Bengal & Ors.
Mr. Biswajit Mal.
…For the petitioner.
Mr. Milan Kumar Maity.
…For the State.
The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be taken on record.
The learned Advocate for the petitioner submits that the petitioner’s husband was a Panchayat Karmee and he died-in-harness on 26.09.2000. Pension Payment Order was issued in favour of the petitioner on 12.09.2002 and the gratuity amount of the petitioner was released on 30.12.2002.
Although the petitioner was entitled to payment of pensionary benefit, the same was not paid. By representing this writ petition, the petitioner prays for an order on the respondents to award interest on delayed payment of gratuity amount.
I have heard the learned Advocate for the petitioner and have also considered the orders passed by different Hon’ble Judges on the writ petitions involving similar issues.
2
In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on gratuity amount @ 9% per annum from the date of death till the date of actual payment within 16 weeks from the date of service of an authenticated cop of this order failing which, additional interest @ 2% per annum shall be payable to the petitioner.
There will be no order as to costs.
Urgent certified Photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Rajasekhar Mantha, J.)
2 issues framed by the court
Whether payment of interest on delayed gratuity is permissible in writ jurisdiction?
At what rate and from when shall interest on the gratuity amount be awarded?
1 provisions across 1 enactments
Sabita Pakrey
The State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
