Usha Rani Routh v. State Of West Bengal And ORS.
SD Ct.
05.02.2021 WPA 2275 of 2021 Usha Rani Routh Vs The State West Bengal & Ors.
Ms. Dipa Bhattacharya ... For the Petitioner.
No one appears for the State when the matter is called on for hearing.
Affidavit of service filed in Court today is kept with the record.
The father of the petitioner was a Head Teacher of a Primary School, who retired from service on 31.07.1982 and thereafter died on 23.3.1998. The petitioner's father had completed all pension-related formalities prior to his retirement. The pension payment order was issued on 25.02.2019. However, the concerned authorities delayed and released the arrear pension amount on 05.10.2020. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the 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. 6649 (W) of 2019 (Padma Nath Vs. State of West Bengal & Ors.) of the co-ordinate Bench in support of his submission.
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 arrear pension calculated from 26.3.2019 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 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. 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.)