The High Court granted interest at 8% per annum for delayed payment of gratuity and arrears of pension to the widow of a deceased government employee, relying on settled law and Union of India v. Tarmen Singh.
Directed payment of interest @ 8% per annum on gratuity and arrear pension from date of entitlement till actual disbursement.
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30.03.2023 SL. No.7 Court No.19 Sn
CIRCUIT BENCH AT JALPAIGURI
W.P.A. No689 of 2023
Rosna Bibi Versus The State of West Bengal & Ors.
Mr. Anirban Chakraborty
…for the Petitioner.
Affidavit of service filed in Court today be taken on record.
The husband of the petitioner was an employee of Natabari-I Gram Panchayat, who died in harness on 30.05.2017. The pension payment order was issued to him on 19.06.2018 and he received the gratuity and arrear pension on 15.07.2018.
The grievance of the petitioner is that interest on the delayed payment of gratuity and arrear pension has not been paid.
It is now settled law that pension and gratuity amount is to be released to the retired employee immediately upon retirement and in case of delay in releasing the pension and gratuity amount, the retired employee is entitled to get interest.
Similar orders have already been passed by this Court, by which retired employees were granted interest for delayed payment of gratuity and arrear pension.
It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannution is a valuable right which accrues in his favour on the date of attaining superannuation.
Gratuity and pension are no longer a bounty to be handed out by the State at its whim. An employee has a right to receive gratuity and pension as also interest on delayed payment of the same, upon retirement.
2
As such, in view of decision of Union of India Verus Tarmen Singh reported in (2008) 8 SCC 648 in spite of delay in making the application for interest on gratuity the delay was not fatal and shall not take away the claim of the petitioner in getting interest on delayed payment.
The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 8% per annum on the gratuity and arrear pension amount from the date of entitlement till the actual date of disbursement.
Such payment is to be made within three months from the date of communication of the certified copy of this order to the concerned authorities.
Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court.
With the aforesaid observation and directions, the writ petition is, thus, disposed of. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties subject to compliance of all necessary formalities.
(Shampa Sarkar, J.)
2 issues framed by the court
Whether the petitioner is entitled to interest on delayed payment of gratuity and arrear pension.
Whether delay in making the application for interest on gratuity is fatal to the claim.
Colour shows how this judgement treated each authority
Union of India Versus Tarmen SinghFollowed¶15
Union of India Versus Tarmen Singh (2008) 8 SCC 648 · Who else cites this
1 provisions across 1 enactments
Rosna Bibi
The State of West Bengal & Ors.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
