AFZALUR RAHAMAN BASUNIA Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-619
HIGH COURT OF CALCUTTA
Decided on January 02,2012

Afzalur Rahaman Basunia Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

PATHERYA,J. - (1.) The petitioner retired from service on 31st March, 1999 and although the provisional gratuity amount was sanctioned about 1 1/2 months before his retirement, the date of payment was not evidenced from the instructions produced in Court today by the Counsel for the State respondent. In fact, the final Pension Payment Order was also issued on 24th January, 2002 and there is no dispute in respect thereof but the date of release of the retiral benefits is not evidenced from the instructions received. Therefore, admittedly, there has been delay in payment of retiral benefits to the petitioner since 1999. This, therefore, entitles the petitioner to payment of interest @ 10% per annum on account of delayed payment of retiral benefits on and from the date of retirement till the date of payment.
(2.) Accordingly, the respondent no.4 is directed to make such payment to the petitioner within a fortnight from the date of receipt of this order.
(3.) With the aforesaid direction, this writ petition is disposed of.;


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