Mrigendra Nath Dutta v. State Of West Bengal And ORS.

19.01.2021 adeb Sl. 106 Ct. 15 W.P.A. 704 of 2021 Mrigendra Nath Dutta Vs.

The State of West Bengal & Ors.

Mr. Banshi Badan Maity ........for the Petitioner Mr.Joytosh Majumder, Ld. GP Ms. Kakali Samajpati ...for the State Affidavit-of-service filed in Court today is kept with the record.

The petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.10.1997. The petitioner had completed all pension-related formalities. The pension payment order was issued on 12.06.2002. However, the concerned authorities delayed and released the gratuity amount on 03.12.2003. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the gratuity 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 parties have 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. 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 above and after hearing the learned Counsel for the petitioner, 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 petitioner @ 8% per annum on the gratuity amount calculated from 01.11.1997 till the date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. This writ petition is accordingly disposed of without however, any order as to costs.

Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

(Rajarshi Bharadwaj, J.)