SNEHALATA SOREN Vs. DY DIRECTOR OF HEALTH SERVICES

JUDGEMENT

(1.) This application in is directed against a non-payment pensions, gratuity and provident fund dues to the petitioner on her retirement on 30.11.83 as Deputy Nursing Superintendent under the Depts. Health Govt. of West Bengal. The petitioner's case as made out in the petition is that in spite of the representation and personal visits the respondent authorities have lent a deaf ear to the same by reason wherefore after retirement she is virtually in the starvation level. This application was moved on 25.1.1985 upon notice to all the respondents. But since no one appeared this court directed the petitioner to serve another notice and subsequently also intimations were sent, which yielded no result whatsoever. On one occasion Mr. Bikash Bhattacharyya learned Advocate of this Court happened to be in Court, was requested by this court to, look into the matter, so that the matter can be disposed of and the retirement benefits may be given to the petitioner.

(2.) Today when the matters was called on for hearing Mr. Bhattacharya pleaded his inability to obtain any instruction from the respondent authorities in spite of his best efforts. Three several communications were effected. Mr. Bhattacharyya also communicated but the respondents have shown a totally indifferent recalcitrant attitude towards the matter.

(3.) It is now well settled that pension and gratuity are no longer any bounty to be distributed by the Government to its employees on their retirement but have become a valuable right or property in their hands Supreme Court in the Case of State of kerala v. M. Padmanabhan Nur reported in A.I.R. 1985 S.C. 356 categorically laid down that if there is delay in making payment of the pension, gratuity or other benefits which the employees are entitled the same must be visited with penalty of payment of interest at the current market rate till actual payment. In the normal course of events the retirement benefits might have been paid within two months from the date of retirement on a very reasonable estimation. But it seems that though more that one and half years have passed but the Health directorate of the Government of West Bengal is totally silent in regard thereto. There is a culpable delay in the Settlement of pensionary and other benefits due to the petitioner who retired on 30.11.1983.