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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Hira Mohan Dey – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. employee's retirement and grievance over benefits. (Para 1 , 2 , 14) |
| 2. claims for accrued interest on delayed payments. (Para 3 , 6 , 7 , 8 , 9 , 10) |
| 3. petitioner followed legal processes for benefits. (Para 4 , 5 , 15 , 16) |
| 4. legal provisions regarding gratuity and interest. (Para 11 , 12 , 13) |
| 5. order for computation of interest and payment. (Para 17 , 18) |
| 6. conclusion and order of the court. (Para 19 , 20 , 21) |
Judgment :
Ananya Bandyopadhyay, J.
1. The writ petitioner, a permanent employee of the respondent no. 2 company who had risen to the post of Superintendent, retired on attaining the age of superannuation on 31st May, 2008. According to him, his service record was unblemished and he had retired to the full satisfaction of his superiors.
2. It was the petitioner’s case that upon retirement he was paid his provident fund dues and gratuity, but the computation of such gratuity, as also his leave salary, was made only on the basis of his last drawn basic pay of Rs. 8,400/-, without reckoning the dearness allowance component. He asserted that such calculation was contrary to law, since the Government itself had issued orders in September, 2009 implementing the r
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
Interest on delayed payment of retirement gratuity and commuted pension value is payable where benefits are withheld due to disciplinary proceedings, following exoneration, based on statutory rules a....
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
The main legal point established in the judgment is that a minimum amount of interest would be due to the petitioner for the delayed payment of retiral benefits in the revised scale, but the interest....
Employees' rightful entitlement to salaries and pensions, and the need for equitable considerations in cases of deferred payments.
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
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