NISITH GHOSH DASTIDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for direction upon the respondents to pay and disburse interest at the rate of 10% per annum for the period from 1/9/2008 to 4/2/2015 for payment of gratuity and leave salary to the petitioner.

(2.) Learned counsel appearing on behalf of the petitioner submitted as follows. The petitioner retired from service of the Calcutta Tramways Company (1978) Ltd. on 3/8/2008. Upon superannuation as an Inspector, on 1/10/2008 the petitioner was paid his provident fund amount, gratuity and leave salary amount in the unrevised scale. On 4/2/2015 the petitioner was paid his rest gratuity and leave salary amount by cheque. As no interest was paid for the delayed payment, on 8/4/2015 the petitioner made a representation before the Managing Director of the Calcutta Tramways Company (1978) Ltd. with a request to release interest amount at the rate of 10% for delayed payment of gratuity and leave salary. It was pertinent to mention that the revision in the pay scale was given effect to from 17/9/2009.

(3.) Learned counsel appearing on behalf of the respondent nos. 2 to 5 submitted as follows. If at all any interest was be payable, it would not be from 1/9/2008 because the revision in pay scale took place only on 17/9/2009. At present, there was a scheme which allowed payment of interest at the rate of 5% per annum.