Allowed

Ajit Kumar Pain v. the State of West Bengal and Ors.

Calcutta HC20 Aug 2024WPA/20306/2024

Case brief

AI extract

What is this about?

The Court allowed a petition by a retired teacher claiming interest on delayed gratuity and pension. It held that retirement dues are statutory rights, not bounty, and ordered the State to pay 7% annual interest onarrears from the due date.

What did the court decide?

Payment of interest at 7% per annum on gratuity and arrear pension from due date until actual payment within eight weeks.

Ajit Kumar Pain Vs the State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2024)

¶1

20-08-2024

¶2

Item No.64 Subrata Bhattacharyya AR(C)

¶3

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction

¶4

Appellate Side

¶5

WPA No.20306 of 2024 Ajit Kumar Pain

¶6

-vs-

¶7

The State of West Bengal & Ors.

¶8

Mr. Manaranjan Sahu …for the petitioner

¶9

Affidavit-of-service filed in Court today is taken on record.

¶10

None appears on behalf of the State respondents in spite of service.

¶11

The petitioner was a primary school teacher who retired from service on August 31, 2020. The grievance of the petitioner is that the gratuity amount was disbursed to the petitioner only on March 3, 2022. The petitioner claims interest on delayed payment of the gratuity amount.

¶12

I have heard learned counsel for the petitioner and considered the orders passed by this Court in similar facts.

¶13

It is settled law that the right of a retired employee to get his retirement 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

¶14

¶15

pension upon retirement. If payment of such gratuity and pension is delayed, the retired employee is surely entitled to get some interest for such delayed payment.

¶16

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.

¶17

In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 7% per annum on the gratuity and arrear pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.

¶18

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.

¶19

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.

¶20

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.

¶21

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

¶22

¶23

The writ petition stands disposed of.

¶24

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

¶25

Certified copy of this order, if applied for, shall be made available to the parties.

¶26

[Amrita Sinha, J]

Ajit Kumar Pain v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Ajit Kumar Pain v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sumit Pal Vs State of West Bengal & Ors.

Tumpa Saha Vs State of West Bengal &Ors

Sangita Singha Roy Vs State of West Bengal and Ors.

Niranjan Kanji Vs State of West Bengal and Anr.

Rukshmini Mondal Vs State of West Bengal & Ors.

Prabodh Chandra Hembram Vs the State of West Bengal and Ors.