Chhaya Bandyopadhyay v. State Of West Bengal And ORS.

5.3.2021 330,ct.15 sk W.P.A.5250 of 2021 Chhaya Bandyopadhyay Vs.

The State of West Bengal & Ors.

Ms. Sanchayita De ... For the Petitioner.

Mr. Mohim Chowdhury ...for the State.

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

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

The petitioner's husband was a Head Teacher of a Primary School, who died -in-harness on 12.2.2000. The petitioner had completed all pension-related formalities.

However, the concerned authorities delayed and released the gratuity and the arrear pension amount on 28h.9.2001. The petitioner herein seeks interest to be paid on the gratuity and 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 coordinate 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 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 writ petitioner @ 8% per annum on the gratuity as well as arrear pension amount calculated from 13.02.2000 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. )