22.05.2026 Item No.14 Ct. No. 30 MKP WPA 11905 of 2026 Bijoy Kumar Singha Vs Food Corporation of India & Ors. Mr. Abhinaba Dan Mr. Debangana Dey … for the petitioner Mr. Kamal Kr. Chattopadhyay ... for the respondents/FCI 1. Affidavit-of-service filed be kept with the record. 2. The writ application has been preferred praying for direction upon the respondents to release @ 10% interest per annum upon the gratuity amount paid to the petitioner for such delayed payment of gratuity to the petitioner from the date of retirement of the petitioner till the date of actual payment of gratuity amount made by the respondents i.e. on and from 31.01.2020 to 09.11.2023. 3. The petitioner relies upon a judgment of this Court dated 23.06.2025 in WPA 7603 of 2025 and the judgment in appeal against the said order in MAT 1286 of 2025 and other connected appeals dated 09.01.2026. 4. In WPA 7603 of 2025, this Court on considering the case of the petitioner in its order dated 23.06.2025 therein held as follows : 2 “21. In spite of such directions, affirmed up to the Supreme Court, the FCI has gone into prolonged litigation leading to delay in payment of gratuity. 22. Thus in view of Section 7(3A) of the payment of gratuity act, the decision of the controlling authority in the order dated 19.01.2022 regarding the interest on gratuity being not in accordance with law is liable to be set aside as the said provision does not provide for any discretion regarding grant of interest. 23. The petitioner has relied upon the judgment of Calcutta High Court single bench in Atul Chandra Mahata vs State of West Bengal & Ors. in WP 10925(W) of 2003 decided on 27.11.2003, wherein the Court granted interest on the delayed payment of gratuity. 24. The writ petition is thus allowed. 25. The order of the controlling authority to the extent of refusal of interest is set aside. 26. Order of the Controlling Authority dated 04.01.2023 and the Appellate Authority dated 31.05.2023 stand modified accordingly. 27. The FCI/Respondent shall pay interest at the statutory rate on and from 01.08.2022 till 16.11.2023 within 30 days from the date of communication of this order failing which, the FCI/Respondent shall be liable to pay further interest on the interest awarded @ 3 10% simple interest per annum till payment.” 5. In appeal the Division Bench held as follows : “31. For the reasons as above, This Court is unable to find any such palpable or gross illegality in the order of the Hon’ble Single Judge as impugned in this appeal that is dated June 23, 2025 in WPA No. 7603 of 2025, to be interfered with, in this intra Court appeal. However, so far as the rate of interest as has been directed to be paid by the appellant that is, at the rate of 18% per annum is modified in terms of S.O.874 (E) dated October 1, 1987, to be at the rate of 10% simple interest per annum. Rest of the judgment as impugned in this appeal remains as it is.” 6. The petitioner herein who was employed since March 1989 till 31.01.2020 (superannuated) claims that he stands on similar footing as the petitioner in WPA 7603 of 2025 and thus prays for similar relief. 7. On hearing the parties and perusal of the materials on record, it appears that the petitioner herein is similarly placed as the petitioner in WPA 7603 of 2025 and is thus entitled to similar relief, as modified by the Division Bench in MAT 1286 of 2025 and other appeals. 8. Accordingly, the writ application being WPA 11905 of 2026 stands allowed. 4 9. The order of the controlling authority to the extent of refusal of interest is set aside. 10. Order of the Controlling Authority dated 27.01.2022 and the Appellate Authority dated 27.12.2022 stand modified accordingly. 11. The FCI/Respondent shall pay interest at the statutory rate on and from 31.01.2020 till 09.11.2023 within 30 days from the date of communication of this order failing which, the FCI/Respondent shall be liable to pay further interest on the interest awarded @ 10% simple interest per annum till payment.” 12. WPA 11905 of 2026 stands disposed of. 13. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. (Shampa Dutt (Paul), J.)