Dr. Jyotirmoy Nandi v. State Of West Bengal And ORS.

05.03.2021.

W.P.A. 4477 of 2021 ab Ct 15 Dr. Jyotirmoy Nandi Vs The State West Bengal & Ors.

Mr. Nilay Baran Mandal ... For the Petitioner.

Mr. Suman Dey ... For the State.

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

The petitioner, was a Principal of Vidyasagar Teacher's training College, who retired from service on 30.09.2016. However, the concerned authorities delayed and released the gratuity and arrear pension amount to the petitioner on 31.07.2018. The petitioner herein seeks interest to be paid on the gratuity and arrear pension 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. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State

of West Bengal & Ors.) wherein a co-ordinate 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 parties, I direct the Respondent no. 3 i.e. Principal Accountant General ( A & E), 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 from 30.09.2016 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.

The writ petition is accordingly disposed of without however, any order as to costs.

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.)