- (1.) All these writ applications have been filed by the petitioners praying for payment of interest for delayed payment of gratuity. Since the issue involved in these writ applications are same and identical, all these writ applications are taken up for analogous hearing. All the aforesaid writ petitioners, except the writ petitioner in W.P. No.16953(W) of 2012, were Assistant Teachers of different West Bengal Recognised Non-Government Educational Institutions. In W.P. No. 16953(W) of 2012, the deceased husband of the petitioner was an Assistant Teacher of a West Bengal Recognised Non-Government Educational Institution. The dates of retirement on attaining age of retirement on superannuation, the dates of payment of gratuity for the first time as also the respective dates of filing writ petitions are stated below:- JUDGEMENT_244_TLCAL0_2013_1.html
(2.) By a Government Order issued under Memo No.88/SE(B)/EES/OIB/IM- 9/98 dated May 26, 1998 (hereinafter referred to as "the said Government Order"), the scheme for payment of pension and gratuity on the date of superannuation of the employees of West Bengal Recognised Non-Government Educational Institutions and Comprehensive Form in connection with sanction of pension cases was framed. In Paragraph 8 of the said Government Order, procedure for payment of interest for delayed payment of retiring benefits to the aforesaid employees have been dealt with and the aforesaid Paragraph is quoted below:- "(8) Failure to comply with the provisions as stated above by the concerned authorities shall be seriously viewed and may make such Authorities liable for disciplinary action. In particular the Head of the Institution, Sub-Inspector (Circle), Pension Sanctioning Authority, Asstt. Director of Accounts/Finance Officer, DPSC, the DPPG, WB, and the P.D.O/T.O. shall be held personally responsible for non-compliance with the procedure required to be followed by them for payment of pension. For any lapses on their part in this regard, the concerned authorities apart from being liable for disciplinary action, may also be required to pay to the Government such amount which Government may have to pay additionally by way of interest for delayed payment of retiring benefits to the employees."
(3.) According to the petitioners, all the concerned Assistant Teachers filled up their respective pension booklets and submitted the same to the appropriate authorities in time. The gratuity amounts were released by the respondentauthorities after delay of considerable periods of time. These writ applications have been filed for payment of interest for delay in payment of gratuity amounts for the period between due date of payment and actual date of payment.;