Khuki Sing v. State Of West Bengal And ORS.

05.03.2021 adeb Sl. 258 Ct. 15 WPA 5047 of 2021 Khuki Sing Vs.

The State of West Bengal & Ors.

Mr. Biswajit Mal ........For the Petitioner Mr. Tapan Kumar Roy ..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 husband of the petitioner retired from service on 28.02.2009 and died on 16.08.2010. The first pension payment order was issued on 23.02.2009. 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 01.09.2012 and the revised arrear pension and revised gratuity amount was disbursed on 31.10.2012 in terms of ROPA, 2009.The petitioner claims interest on delayed payment of the revised gratuity 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.)

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 aforesaid, 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 gratuity amount calculated from 01st June, 2009 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 disposed of, however, no order as to costs.

Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

(Rajarshi Bharadwaj, J.)