SUBRATA KUMAR PAUL Vs. DURGAPUR PROJECTS LIMITED
LAWS(CAL)-2021-6-82
HIGH COURT OF CALCUTTA
Decided on June 25,2021

Subrata Kumar Paul Appellant
VERSUS
DURGAPUR PROJECTS LIMITED Respondents




JUDGEMENT

Shampa Sarkar, J. - (1.)The writ petitioner joined Durgapur Projects Limited, a Government of West Bengal Enterprise, on April 13, 1985. Durgapur Projects Limited is a State under Art. 12 of the Constitution of India. The petitioner has alleged that the delay on the part of the employer in paying the retirement benefits along with leave encashment, etc. entitles the petitioner to claim interest on all retiral benefits on account of delayed payment. The right of retired employees to get interest on account of delayed payment of pension, gratuity and other retirement benefits was elaborately discussed and upheld by the Hon'ble Apex Court in the matter of S.K. Dua vs. State of Haryana and Anr. reported in (2008) 3 SCC 44. Such right was declared by the Hon'ble Apex Court to be a constitutional right.
(2.)The petitioner retired from service on January 31, 2018. The gratuity and leave encashment were released on July 11, 2019. The petitioner made a representation for payment of interest on account of such delayed payment. The representation of the petitioner was not responded to.
(3.)Aggrieved, the petitioner has moved this Court under Art. 226 of the Constitution of India and prayed for interest on delayed payment of gratuity and leave encashment. Reliance has been placed on a decision of the Hon'ble Apex Court in the matter of The State of Andhra Pradesh and Anr. vs. Smt. Dinavahi Lakshmi Kameswari in Civil Appeal No. 399 of 2021.
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