Dipali Banerjee Bhattacharjee v. State Of West Bengal And ORS.

5.2.2021 264,ct.15 sk W.P.A.2601 of 2021 Dipali Banerjee Bhattacharjee Vs.

The State of West Bengal & Ors.

Mr. Sudipta Maiti ... For the Petitioner.

Md. Farhaduddin . .. for the State.

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

The petitioner's husband was Teacher of a Primary School who died-in-harness on 23.01.2000. The petitioner had completed all pension-related formalities after the death of her husband. The pension payment order was issued on 09.12.2002. However, the concerned authorities delayed and released gratuity and arrear pension amount on 22.01.2003. The petitioner herein seeks interest to be paid on the gratuity and arrear pension amount for the interim period of delay in receipt 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 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 writ petitioner @ 8% per annum on gratuity and arrear pension amount calculated from 24.01.2000 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. W.P.A. 2601 of 2021 is disposed of without, however, any order as to costs.

Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been denied by the respondents.

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. )