Alpana Adhikary v. State Of West Bengal And ORS.

05.03.2021 adeb Sl. 114 Ct. 15 WPA 4590 of 2021 Alpana Adhikary Vs.

The State of West Bengal & Ors.

Miss. Sudipa Biswas ........For the Petitioner Sk. Musior Rahaman ..For the State Affidavit-of-service filed in Court today is kept with the record.

The material facts of the case are admitted and hence I have not called for affidavits.

The petitioner's husband was appointed as an Head Teacher of a Primary School. The petitioner's husband retired from service on 29.02.2008. The petitioner's husband died on 08.05.2017. The first pension payment order was issued on 21.02.2008. 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 03.09.2013 and the revised arrear pension amount was disbursed on 30.11.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised 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 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.

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 petitioner @ 8% per annum on the revised arrear pension calculated from 01st June, 2009 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.

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, if applied for, be given to the parties on urgent basis.

(Rajarshi Bharadwaj, J.)