Kajalbala Kamar v. State Of West Bengal And ORS.

05.03.2021 adeb Sl. 125 Ct. 15 WPA 4615 of 2021 Kajal Bala Kamar Vs.

The State of West Bengal & Ors.

Mr. Tamal Taru Panda ........For the Petitioner Md. Abu Reja Jaglul Kabir ... For the State Affidavit-of-service filed in Court today is kept with the record.

The husband of the petitioner was an employee of the school in question, who died in harness on 10.02.1999. The petitioner had completed all pension-related formalities. However, the concerned authorities delayed and released his arrear pension on 17.04.2003. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the 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. 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 concerned Treasury Officer to pay interest to the petitioner @ 8% per annum on the arrear pension amount calculated from 11.02.1999 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 accordingly disposed of. 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.)