NALINI KANTA PRAMANIK Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2011-11-97
HIGH COURT OF CALCUTTA
Decided on November 08,2011

Nalini Kanta Pramanik 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 Gaita Primary School, District Paschim Medinipur. He attained the age of superannuation on 31st January 1998. Gratuity was released on 2nd 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.;


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