WPA/10310/2025 of PARBATI KANDAL Vs THE CHAIRPERSON OF SERAMPORE MUNICIPALITY AND ORS.
11
24.02.2026
sb
Ct.3.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 10310 of 2025
Parbati Kandal
Versus
The Chairperson, Serampore Municipality & Ors.
Mr. Partha Pratim Bhattacharya
… For the petitioner.
Mr. Amit Kumar Ghosh
Mr. Shibasish Banerji
… For the State.
Mr. Gautam Lahiri
… For the Municipality.
1. The instant writ petition has been filed, inter alia,
praying for a direction upon the municipal authorities to
disburse the gratuity to the extent of Rs.7,30,000/-
without any further delay along with statutory interest.
2. By an order dated 16 th September, 2025 a
Coordinate Bench of this Court was pleased to direct as
follows:
“1. Learned Counsel for the respondent
seeks and is granted further two weeks time to file
report by way of affidavit. Exception thereto, if any,
be filed within one week thereafter.
2. It is disturbing to note that despite the
petitioner rendering service for a considerable
period of time, the gratuity amount of Rs.7,30,000/-
is still outstanding. Learned Counsel for the
respondent states that some part of the gratuity
amount has been paid.
3. The affidavit shall clearly indicate the
amount which has been paid and the amount which
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WPA 10310 of 2025
is due to the petitioner. The affidavit shall also
indicate the time line for making the rest of the
outstanding amount to be paid to the petitioner.
4. List this matter on 19.11.2025”.
3. After passing of the aforesaid order the matter has
come up for consideration today.
4. Learned advocate for the municipality has filed a
report which is taken on record. Perusing the same, it
would transpire that apart from Rs.2,92,000/- no further
sum has been paid to the petitioner and that the balance
principal amount of Rs.4,38,000/-is due and payable to
the petitioner on account of gratuity. It is stated in
paragraph 4 of the report that the aforesaid amount shall
be paid as early as possible preferably within a period of
four months. It appears that the above report has been
affirmed on 7 th November, 2025. More than three and a
half months have already passed; no payment has yet
been made.
5. Having regard thereto and since the principal
amount of gratuity to the extent of Rs.4,38,000/- is
admitted, I direct the municipality to forthwith make
payment of the aforesaid amount of gratuity along with
the statutory interest of 10 per cent per annum on the
entire amount that has fallen due. The interest shall be
calculated from the date when the same has fallen due till
such time the same is actually paid.
6. The petitioner must be supplied with a copy of the
statement showing particulars of amount paid along with
interest.
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WPA 10310 of 2025
7. With the above observations and directions, the
writ petition is disposed of.
Urgent photostat certified copy of this order, if
applied for be given to the parties upon compliance with
the requisite formalities.
(Raja Basu Chowdhury, J.)