- (1.) The petitioner was approved Head Teacher of Deshantari Primary School and he was superannuated from service on 30th September, 2009. The respondent authorities disbursed the gross death cum retirement gratuity amounting to Rs.2,25,572/- only in respect of the 1st pension payment order and also disbursed the revised amount of gratuity on 3rd January, 2010 and 2nd December, 2013 respectively without any interest. The petitioner received the gratuity on 3rd January, 2010 and the amount towards commuted value of pension on 2nd December, 2013. The petitioner has filed this writ application praying for a direction upon respondents particularly upon respondent no. 3 to pay interest for delayed payment of gratuity as well as delayed payment of commuted value of pension. Learned Advocate for the State has however did not pray for leave of the Court to file any affidavit in opposition and agreed to conduct the hearing. Thus, the matter was taken up for final hearing.
(2.) It is submitted by learned Advocate for the petitioner that in very many decisions this Court has accepted that interest has to be given for delayed payment of amount of gratuity. Learned Advocate for the petitioner further submitted that the Apex Court in the decision reported in (2008)3 SCC para 44 held that a claim for interest for delayed payment of retiral dues can be made under part 3 of the Constitution of India under Article 14, 19 and 21 of the Constitution of India. Admittedly, learned Advocate for the State has raised no objection in respect of such submission of learned Advocate for the petitioner in matters of payment of interest for belated payment of gratuity. However, learned Advocate for the State respondent has raised serious objection in matters of payment of interest in respect of payment of commuted value of pension on the ground that the respondents had to follow a particular procedure for the purpose of calculation of the amount to be awarded in favour of the petitioner towards commuted value of pension. On that score, learned Advocate for the State has raised objection in respect of the prayer for awarding interest for delayed payment of commuted value of pension. In MAT 1118 of 2013 the High Court has accepted on principle payment of interest towards delayed payment of gratuity and the Joint Director of Treasury and Account, West Bengal has also issued necessary circular for payment of interest on delayed payment of gratuity from the date of implementation of Ropa Rules, 2009 i.e. from 19.05.2009.
(3.) Therefore, the petitioner is entitled to get interest for delayed payment of gratuity. However no authority has been cited by the learned Advocate for the petitioner to show that the petitioner is also entitled to get interest towards delayed payment of commuted value of pension. In that view of this case the matter may be left to the consideration of respondent no.2 i.e. the Director of Pension, Provident Fund and Group Insurance to decide in accordance with law as to if the petitioner is also entitled to get interest towards delayed payment of the commuted value of pension. The writ petition is thus disposed of in terms of the following order:- The Director of Pension, Provident Fund and Group Insurance, Finance Department is directed to consider the entire writ petition as representation of the petitioner towards payment of interest in respect of his claim within 4 weeks from the date of receipt of the copy of the writ petition and certified copy of the order passed by this Court in terms of the observation made in the forgoing paragraphs of this order and to issue specific reasoned order directing the concerned Treasury Officer to do the needful and to communicate the same to the petitioner in black and white within a week thereafter. The petitioner is directed to serve the copy of writ petition along with the annexures thereof within a week along with a certified copy of the judgment of this order upon the Director, Pension, Provident Fund and Group Insurance.;