Koushalya Rani Halder v. State Of West Bengal And ORS.

05.03.2021.

W.P.A. 4956 of 2021 ab Ct.

Kousalya Rani Halder Vs The State West Bengal & Ors. Mr. Goutam Kumar Maity ... For the Petitioner.

Ms. Susmita Biswas Chowdhury ... For the State.

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

The husband of the petitioner was an Assistant Teacher of a Primary School who retired on 31.05.1996. The first pension payment order was issued on 23.12.1999 and the first/initial arrear pension amount was disbursed on 06.03.2000. Under the ROPA Rules, 1998, there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 03.03.2002 and the revised arrear pension amount was disbursed on 27.08.2002 in terms of ROPA, 1998. 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. 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 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% percent per annum on the first/initial arrear pension amount calculated on and from 01.06.1996 and revised arrear pension amount calculated on and from 1.4.1997 till date of actual payment. Such payment is to be made within eight weeks from the date of communication of this order.

The writ petition is, thus, disposed of.

Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents. There will be no order as to costs.

Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. (Rajarshi Bharadwaj, J.)