Sadhan Chandra Maity v. State Of West Bengal And ORS.

19.01.2021.

W.P.A. 881 of 2021 ab Ct. 15 Sadhan Chandra Maity Vs The State West Bengal & Ors. Mr. Banshi Badan Maity ... For the Petitioner.

Mr. Jyotosh Mazumder (Ld. G.P.) Ms. Kakoli Samajpaty ... 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 petitioner was appointed as an Assistant Teacher of a Primary School, who retired from service on 30.06.2009. The first pension payment order was issued on 24.9.2009, under the ROPA Rules, 2009 the pension payment order towards revised benefits was issued on 12.7.2013 and the benefits of revised arrear pension amount was disbursed on 12.8.2013. The petitioner claims interest on delayed payment of the 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 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 dated

October 25, 2017 passed in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench of this court had relied upon a 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 petitioner @ 8% per annum on the arrear pension amount calculated from 1.7.2009 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.

The writ petition is accordingly disposed of. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)