LAWS(CAL)-2024-5-106

BHATPARA MUNICIPALITY Vs. AMIYA KUMAR ROY

Decided On May 03, 2024
Bhatpara Municipality Appellant
V/S
Amiya Kumar Roy Respondents

JUDGEMENT

(1.) A judgment and order dated December 20, 2023, whereby the writ petition of the respondent no. 1 herein being WPA 26053 of 2023 was disposed of by a learned Judge of this Court, is under challenge in this appeal at the instance of the respondent no. 3 in the writ petition, i.e., Bhatpara Municipality.

(2.) The respondent no. 1 herein was an employee of Bhatpara Municipality. He retired from service on February 28, 2018.

(3.) In an earlier round of litigation, alleging that the gratuity amount payable to him upon his superannuation has not been released in his favour, the respondent no. 1 had approached a learned Judge of this Court by filing WPA 11710 of 2020. The main prayer in that writ petition was for a writ of and/or in the nature of mandamus directing the respondents to disburse the gratuity amount along with interest within a specified time period. The writ petition was disposed of by the learned Judge by a judgment and order dated August 5, 2021. The operative portion of the said order reads as follows:-