Minu Bose v. State Of West Bengal And ORS.

5.2.2021 295,ct.15 sk W.P.A.2725 of 2021 Minu Bose Vs.

The State of West Bengal & Ors.

Mr. Imdadul Biswas ... For the Petitioner.

Mr. Subir Sabud ...for the State.

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

The petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.08.2006 and the petitioner's husband died on 01.02.2020. The first pension payment order was issued on 25.08.2006. 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 19.06.2013 and the arrear pension amount and gratuity was disbursed on 2.11.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised arrear pension amount and gratuity.

I have heard learned counsel for the petitioner 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 arrear pension amount and gratuity. 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 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 gratuity amount and arrear pension amount calculated on and from 01.09.2006 till actual date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order to the concerned authorities.

The writ petition is accordingly disposed of. Since no affidavits have been invited, the allegations contained in the writ petition are deemed not to have been admitted 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. )