Chanchal Garai vs The State Of West Bengal And Ors on 17 January, 2025

Calcutta High Court

Chanchal Garai vs The State Of West Bengal And Ors on 17 January, 2025

OD-2
                               ORDER SHEET

                              WPO/575/2021

                    IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                             ORIGINAL SIDE

                          CHANCHAL GARAI
                                VS.
                 THE STATE OF WEST BENGAL AND ORS.


BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date : 17th January, 2025
                                                                           Appearance
                                                                Mr. Sudip Sarkar, Adv.
                                                               Mr. Debdutta Basu, Adv.
                                                                     ...for the petitioner

                                                         Mr. Niladri Bhattacharya, Adv.
                                                            Ms. Deblina Chattaraj, Adv.
                                                         ...for the respondent nos. 2 to 6

The Court: The petitioner was a permanent employee of the West

Bengal Transport Corporation Limited (formerly known as The Calcutta

Tramways Company (1978) Limited) who served as Auto Mechanic No-

B973/5993 and retired from the said service on 31st January, 2018 having

attained the age of 60 years. The petitioner received the gratuity in terms of

provisions of Rules/Acts in January, 2018. The recommendation of Sixth

Pay Commission was adopted by the Corporation on 1st of January, 2020,

effect to be given from 1st of January, 2016 in terms of the communication of

the Transport Department being no. 705-WT/TR/0/7T-07/19, dated 22nd

January, 2020 which elucidated that the employees who retired from service

on and from 1st of January, 2016 would be entitled to an enhanced gratuity

in terms of the revised rate mentioned in the aforesaid communication. The
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petitioner contended that the gratuity was to be paid within 30 days of his

retirement and, in default, interest was to be paid in terms of the statutory

mandate. On retirement, the petitioner was paid a sum of Rs.2,34,208/-

towards gratuity on 12th March, 2021. The petitioner claimed an amount of

gratuity to be disbursed from 1st of February, 2018 till 12th March, 2021

with an interest at the rate of 12% per annum, vide a communication dated

26th March, 2021.

Learned Advocate representing the petitioner submits that the

petitioner is entitled to an interest on the differential sum of gratuity to be

paid from 1st of February, 2018 till 12th March, 2021 along with the interest

at the rate of 12% per annum.

Learned Advocate representing the respondents has placed an order

passed by the Division Bench of this Court on 14 th May, 2024, which inter

alia, stated as follows:-

“The memorandum issued by the Transport Department
dated 22nd January, 2020 has clearly stated that differential
payment would be extended as a special case for the
employees who retired or died during the period from 1st
January, 2016 to 31st December, 2019. The right to receive
differential amount of gratuity in favour of the employees who
have retired during the period emanates from the Memorandum
dated 22nd January, 2020 and it was extended as a special
case. The writ petitioner did not allege that although ROPA
2019 was introduced earlier he did not receive the benefits of
ROPA 2019 as he realized that unless it is adopted by the
appellant he would not be entitled to such benefit. The
Transport Department by the aforesaid memorandum has
decided to extend such benefit which the Corporation adopted
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on or after 22nd January, 2020 and thereby the obligation of
the Corporation to pay the amount towards gratuity would
commence from the date of the memorandum dated 22nd
January, 2020.

In view of the aforesaid, we modify the order of the learned
Single Judge by directing the Corporation to pay interest on the
differential amount from February, 2020 till the date of actual
payment i.e. 12th March, 2021 at the rate of 6% per annum
within a period of four weeks from date. In default, the rate of
interest shall stand increased to 10% per annum as directed by
the learned Single Judge.”

Since the issue in question has been conclusively determined by the

aforesaid Division Bench of this Hon’ble High Court in APOT No. 243 of

2022 arising out of WPO/2574/2022 (West Bengal Transport Corporation

Ltd. & Ors. Vs. Pravakar Ghosh & Ors.) with OCOT No. 1 of 2023 (Pravakar

Ghosh Vs. The State of West Bengal & Ors.), the petitioner is entitled to

receive interest @ 6% per annum on Rs.2,34,208/- to be deduced from

February, 2020 till 12th March, 2021 within a period of four weeks from the

State. In default, the rate of interest will be enhanced to 10% per annum.

The instant writ petition is, accordingly, disposed of.

(ANANYA BANDYOPADHYAY, J.)

sg.