AMIT KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service is directed to be filed in the department in course of the day. The matter is taken up since the respondents are represented.

(2.) The petitioner was terminated from service with effect from 15/12/2009 by an order dtd. 30/11/2009. The petitioner says that the petitioner was entitled to gratuity and other terminal benefits on and from 15/12/2009. The terminal benefits were ultimately released only on 15/12/2019. So far as arrears of unpaid pension, the disbursement was made on 3/1/2020. The petitioner says that the petitioner is entitled to interest on a sum of Rs.2,31,623.02p for the period between 15/12/2009 and 14/12/2019 and on Rs.8,60,631.00 for the period between 15/12/2009 and 2/1/2020. The petitioner refers to the final order wherefrom it appears that the date of discharge from service is 15/12/2009. There is no dispute as to this date. The petitioner then refers to a document appearing at pages 43 to 45 of the writ petition appears to have been signed by the Chief Accounts Officer, West Bengal Transport Corporation Limited (in short WBTC). The petitioner says that if he has been discharged from service on 15/12/2009, the basis of arriving at a date being 1/9/2019 for computing interest on delayed payment has no basis. The date should have been 15/12/2009 till 16/12/2020 for delay in payment of gratuity and leave salary whereas between 15/12/2019 to 3/1/2020 on account of delay in paying the arrear pension.

(3.) On behalf of the WBTC it is submitted that the dates given in the document appearing at pages 43 to 45 are erroneous and as such WBTC has issued a corrigendum on 8/9/2021 correcting the dates. This corrigendum, according to WBTC, has been filed as part of the compliance report in the contempt proceedings being CC 19 of 2021 arising out of an order passed in WPO 419 of 2020. According to WBTC only after going through the compliance report the order dtd. 16/9/2021 appearing at page 42 of the writ petition was passed in the contempt proceedings.