Ruma Ghosh v. State Of West Bengal And ORS.

5.3.2021 313,ct.15 sk W.P.A.5186 of 2021 Ruma Ghosh Vs.

The State of West Bengal & Ors.

Mr. Biswajit Mal ... For the Petitioner.

Mr. Milan Kumar Maity ...for the State.

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

The father of the petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.12.1977 and died on 12.1.2004 and also mother of the petitioner died on 22.2.1991. The mother of the petitioner had completed all pensionrelated formalities and pension payment order was issued and after death of the mother of the petitioner, the P.P.O. issued on 30.10.2017 as widow daughter family pension. However, the concerned authorities delayed and released the family pension amount on 31.12.2017. The petitioner herein seeks interest to be paid on the arrear family 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 affec t 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 writ petitioner @ 8% per annum on the arrear family pension amount calculated from 13.04.2010 till the date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order to the concerned authorities.

The writ petition is accordingly, disposed of without however, any 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 of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J. )