The High Court of Calcutta directed the State to pay 5% per annum interest on delayed gratuity to a retired teacher. The delay must not be attributable to the petitioner. Payment is to be made within eight weeks.
Directs the Treasury Officer to pay 5% per annum interest on the gratuity amount from the due date until actual payment.
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369 28.04.2022 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side
W.P.A. 3062 of 2022
Arati Roy (Adhikary) -versus
The State of West Bengal & Ors.
Mr. Banshi Badan Maity.
…For the Petitioner.
Mr. Susanta Mukherjee, Mr. Amritalal Chatterjee. …For the State.
Affidavit-of-service filed in Court today is taken on record.
The petitioner was an Assistant Teacher who retired from service on 31.03.2020. The grievance of the petitioner is that the gratuity amount was disbursed on 11.03.2021. The petitioner claims interest on delayed payment of the gratuity amount.
I have heard learned counsel for the parties and considered the orders passed by this court in similar facts.
It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. Further, gratuity and pension are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive gratuity and pension upon retirement. If payment of such
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gratuity and pension is delayed the retired employee is surely entitled to get some interest for such delayed payment.
In the present case, it was the bounden duty of the State to disburse the gratuity amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. Pension and gratuity are welfare provisions aimed at maintaining the life of a retired employee and his/her dependents. This is compensatory in nature.
In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 5% per annum on the gratuity calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.
The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the teacher.
Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.
The concerned respondent authority is directed to take appropriate steps in accordance with law against the erring officer(s) for whose fault there has been delay in releasing the retirement benefit to the petitioner.
Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.
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The writ petition stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)
3 issues framed by the court
Whether a retired employee is entitled to interest on delayed gratuity payment.
Whether the State is obliged to pay interest if gratuity payment is delayed without fault on the employee's part.
What steps the State must take to avail of the relief granted to the petitioner.
1 provisions across 1 enactments
Arati Roy
The State of West Bengal
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
