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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Hira Mohan Dey – Appellant
Versus
State of West Bengal – Respondent
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 recommendations of the 5th Pay Commission, granting revised pay scales with retrospective effect from 1st January, 2006 to 31st March, 2008 notionally, and with cash benefit from 1st April, 2008. As the petitioner had retired in May, 2008, he was entitled to all retiral and terminal benefits on the basis of such revised rates, but his dues were wrongly settled on the basis of pre-revised pay.
3. The petitioner contended in terms of Or
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....
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