Lakshmi Priya Barik v. State Of West Bengal And ORS.

212 05.02.2021 Sc WPA 2416 OF 2021 (Through Video Conference) -------- Lakshmi Priya Barik Vs.

The State of West Bengal & Ors.

Mr. Rajesh Kumar Shah ... for the Petitioner Mr. Biswa Nath Samanta ... for the State Affidavit of service filed in court today is kept with the record.

The petitioner's husband was an approved Assistant Teacher of a Primary School, who retired from service on 31.07.2000 and died on 13.03.2010. The petitioner's husband had completed all pensionrelated formalities prior to his retirement. However, the concerned authorities delayed and released the gratuity and arrear pension amount on 03.03.2005. The petitioner claims interest on delayed payment of the gratuity and 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 in W.P. 17557 (W) of 2017 (Narayan Chandra Saha vs. State of West Bengal & Ors.) wherein a coordinate Bench had relied upon the Supreme Court judgment in the case of Union of India vs. Tarmen Singh, reported in (2008) 8 SCC 648 on the issue of limitation relating to payment or refixation 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 parties, 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 and arrear pension amount calculated on and from 1.8.2000 till the date of actual 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 disposed of, however, no order as to costs.

Since, no affidavit-in-opposition 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.)