Allowed

Partha Khasnobis v. State of West Bengal and Ors.

Calcutta HC30 Mar 2023WPA/692/2023

Case brief

AI extract

What is this about?

This Single Judge Bench allowed the writ petition. It held that delayed payment of gratuity and pension entitles the employee to interest. The court directed the Director of Pension and Treasury Officer to pay interest at 5% per annum from the date of retirement until actual disbursement.

What did the court decide?

Direction to pay interest @ 5% per annum on gratuity and arrear pension from the date of retirement till actual disbursement within three months.

Partha Khasnobis Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2023)

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30.03.2023 SL. No.9 Court No.19 Sn

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CIRCUIT BENCH AT JALPAIGURI

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W.P.A. No.692 of 2023

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Partha Khasnobis Versus The State of West Bengal & Ors.

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Ms. Monalisa Maity

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…for the Petitioner.

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Affidavit of service filed in Court today be taken on record.

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The petitioner was a Store Keeper(Z.P) of Jalpaiguri Zilla Parishad, District Jalpaiguri who retired from service on 31.01.2021. The pension payment order was issued to him on 16.11.2021 and he received the gratuity and arrear pension on 01.12.2021.

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The grievance of the petitioner is that interest on the delayed payment of gratuity and arrear pension has not been paid.

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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.

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Similar orders have already been passed by this Court, by which retired employees were granted interest for delayed payment of gratuity and arrear pension.

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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.

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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.

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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.

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The Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned Treasury Officer are directed to pay interest @ 5% per annum on the gratuity and arrear pension amount from the date of retirement till the actual date of disbursement.

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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.

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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.

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With the aforesaid observation and directions, the writ petition is, thus, disposed of. There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be given to the parties subject to compliance of all necessary formalities.

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(Shampa Sarkar, J.)

Partha Khasnobis v. State of West Bengal and Ors.

Case brief

What is this about?

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Partha Khasnobis v. State of West Bengal and Ors.

Case brief

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