Kinkar Chandra Pal v. State Of West Bengal And ORS.

5.2.2021 261,ct.15 sk W.P.A.2593 of 2021 Kinkar Chandra Pal Vs.

The State of West Bengal & Ors.

Ms. Pritikana Gantait ... For the Petitioner.

Ms. Neelam Singh . .. for the State.

Affidavit of service filed in Court today is kept with the record.

The petitioner was a Head Teacher of a Primary School.

The petitioner retired from service on 31.05.2008. The first pension payment order was issued on 23.07.2008. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 14.06.2012 and the Revised Gratuity amount and Revised Arrear Pension was disbursed on 17.10.2002 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised gratuity amount and revised arrear pension amount.

I have heard learned counsel for both parties and I have considered the orders passed by this court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delayed

payment of the revised gratuity and revised arrear pension.

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 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 affec t 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 amount and revised arrear pension amount calculated on and from 19th May, 2009 till actual date of payment.

The writ petition is, thus, disposed of.

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

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

(Rajarshi Bharadwaj, J. )