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2011 DIGILAW 1402 (CAL)

Ananta Kumar Guha v. The State of West Bengal

2011-11-08

HARISH TANDAN

body2011
Judgment : No one appears on behalf of the respondents even on second call. The writ petitioner has sought for an order for granting interest on delayed payment of gratuity. The petitioner was appointed as an assistant teacher in Nahapara Dogra C/S Primary School, District Paschim Medinipur. He attained the age of superannuation on 31st October 1997. Gratuity was released on 17th January 2002. An order of the Coordinate Bench, passed in W.P. 20847 (W) of 2010, is placed before me wherein it has been specifically recorded that the learned Advocate General for the State of West Bengal has submitted that gratuity has to be paid on the date the employee attains superannuation and it can only be withheld where departmental action/proceedings is pending against the concerned employee. Further reference is made to an order dated 28th March 2005, passed by a Division Bench, wherein the State Government agreed to pay interest on delayed payment of gratuity. The order of the Coordinate Bench and the order passed by the Division Bench having attained finality, I am of the view that no contrary decision could be taken in this regard. Furthermore, I do not find any W.P. 12158 (W) of 2006 justification in taking a different view than what has been taken by a Coordinate Bench. Therefore, the petitioner is entitled to an interest on delayed payment of gratuity. The respondent authorities are directed to pay the interest at the rate of 10% per annum with effect from 1st November 1997 till the date of disbursement of the gratuity amount. Such payment of interest should be made within four months from the date of receipt of this order, failing which an additional interest at the rate of 2% shall be payable over and above the interest as has been already awarded. The writ petition is thus disposed of. There shall be no order as to costs.