Pramila Hembram v. The State Of West Bengal And ORS.

jks 31.07.2025 WPA 346 of 2025 Pramila Hembram Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ... ... for the petitioner Mr. Sk. Md. Masud ... ... for the State Affidavit of service filed in Court today is kept with the record.

The material facts of the case are admitted and hence I have not called for affidavits.

The husband of the petitioner was appointed as a head teacher of a primary School, who retired from service on 30.06.2019. The petitioner's husband died on 09.02.2020. The first pension payment order was issued on 24.07.2019. Under the ROPA Rules, 2019 pension payment order towards revised benefits was issued on 16.08.2022 and the benefits of gratuity amount and revised arrear pension amounts were disbursed on 24.08.2022. The petitioner claims interest on delayed payment of the revised gratuity and revised arrear pension amount.

There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither of the parties has suffered due to this delay. It is the submission of the petitioner that accordingly the petition

should be allowed. The petitioner relies upon an order in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgement in the case of Union of India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 648 on the issue of limitation relating to payment or re-fixation of pay or pension wherein the Apex Court had held that relief may be granted in spite of delay as it does not affect the rights of the third party. In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner @8% per annum on the revised gratuity and revised arrear pension amount calculated from 14.02.2020 till actual date of payment.

Such payment is to be made within a period of eight weeks from the date of communication of this order. The writ petition is disposed of, however, no order as to costs.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. The parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Rajarshi Bharadwaj, J.)