KASHINATH MONDAL Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2016-8-185
HIGH COURT OF CALCUTTA
Decided on August 24,2016

KASHINATH MONDAL Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The short facts of the case are as follows: The affidavit of service filed be kept with the records. The petitioner was a Primary Teacher in the concerned school under the respondents, Education Department and he retired from service with effect from 31.01.2012.
(2.) The learned Advocate for the petitioner submits that the respondent authorities issued Pension Payment Order (PPO) on 30.08.2013 and the gratuity amount was received on 03.10.2013. As such, the respondent authorities have delayed to pay the gratuity amount.
(3.) The learned Advocate further submits that his client approached the respondent authorities to claim interest on the delayed payment of gratuity amount but they had not considered the same. Hence, the petitioner has filed the writ-petition seeking relief to pay interest at the rate of 10% per annum on the gratuity amount. He further submits that his client rendered long service with the respondent authorities in the concerned school without any break and without any adverse remark. The learned Advocate also cited two decisions, one of which (Atul Chandra Mahata Vs. State of Ors, 2004 1 CalLJ 191) and another decision (S.K. Dua Vs. State of Haryana & Anr, 2008 3 SCC 44).;


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