Shampa Sarkar, J. - (1.)The writ petitioner joined Durgapur Projects Limited, a Government of West Bengal Enterprise, on February 10, 1984.
(2.)Durgapur Projects Limited is a State under Art. 12 of the Constitution of India. The petitioner has alleged that the delay on the part of the employer in paying the retirement benefits along with leave encashment, etc. entitles the petitioner to claim interest on all retiral benefits on account of delayed payment. The right of retired employees to get interest on account of delayed payment of pension, gratuity and other retirement benefits was elaborately discussed and upheld by the Hon'ble Apex Court in the matter of S.K. Dua vs. State of Haryana and Anr. reported in (2008) 3 SCC 44. Such right was declared by the Hon'ble Apex Court to be a constitutional right.
The petitioner retired from service on October 31, 2014.

(3.)The gratuity and leave encashment were released on November 9, 2015. The petitioner made a representation for payment of interest on account of such delayed payment. The representation of the petitioner was not responded to.