SWADES RANJAN MONDAL Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-637
HIGH COURT OF CALCUTTA
Decided on January 03,2012

Swades Ranjan Mondal Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

TAPEN SEN,J. - (1.) Affidavit of service is taken on record.
(2.) Mr. Biswajit De, learned Counsel, appears for State. The Petitioner has stated that he retired from service on 31/3/2005. In paragraph 5, he has stated that the Pension Payment Order was issued by the Respondent no.4 on 29/6/2005. The Petitioner has further stated that the Gratuity money was paid to the Petitioner on 31/12/2005. He therefore, prays for interest on delayed payment of Gratuity from the date of retirement till the date of actual payment.
(3.) Considering that several Orders have been passed in such cases awarding 10% interest on delayed payment of Gratuity and also considering that another Order was passed by the Hon'ble Mr. Justice Dipankar Datta on 16.9.2010 in W.P. 19147 (W) of 2010, this Court disposes of this Writ Petition. In the said Order dated 16.9.2010, Justice Dipankar Datta observed, inter alia, as follows:- "Several Orders have been passed by this Court directing the State to pay interest on delayed payment of gratuity @ 10% per annum to retired school teachers and non-teaching staff. The State has accepted such Orders. There is no reason as to why similar Order should be passed in respect of college teachers. The Petitioner is granted liberty to serve a copy of this Order along with a copy of the Writ Petition on the Director of Public Instructions, Government of West Bengal, who shall hand over the cheque for the amount constituting interest at 10% per annum with effect from the date of retirement of the Petitioner till date of receipt of gratuity, within three months from date of such receipt, failing which additional interest @ 2% will be payable to the Petitioner. The Writ Petition stands disposed of without any Order as to costs. Urgent certified photostat copy of this Order, if applied for, be supplied to the parties at an early date.";


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