Sulekha Pahari v. State Of West Bengal And ORS.

5.2.2021 276,ct.15 sk W.P.A.2663 of 2021 Sulekha Pahari Vs.

The State of West Bengal & Ors.

Mr. Gourab Das ... For the Petitioner.

Mr. Joydip Basu ...for the State.

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

The father of the petitioner was an Assistant Teacher of a Primary School who retired from service on 31.07.1996 and died on 19.04.2013. The father of the petitioner had completed all pension-related formalities and pension payment order was issued on 30.06.2002 in favour of the mother of the petitioner she died on 30.04.2005 and family pension as widow daughter granted by issuing P.P.O. on 08.06.2015. However, the concerned authorities delayed and released the family pension amount on 30.07.2015. The petitioner herein seeks interest to be paid on the arrear family pension amount for the interim period of delay in receipt of the arrear family pension amount. The husband of the petitioner died on 13.11.2013. 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 the arrear family pension calculated from 13.11.2013 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 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. )