ANANTA KUMAR GUHA Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2011-11-95
HIGH COURT OF CALCUTTA
Decided on November 08,2011

Ananta Kumar Guha Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Harish Tandon, J. - (1.) No one appears on behalf of the respondents even on second call.
(2.) The writ petitioner has sought for an order for granting interest on delayed payment of gratuity.
(3.) 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 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.;


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