Batakrishna Nayek v. State Of West Bengal And ORS.

05.03.2021 adeb Sl. 374 Ct. 15 WPA 5346 of 2021 Batakrishna Nayak Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar Roy ........For the Petitioner 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 was an Assistant Teacher of a Primary School and he retired from service on 31.07.1996. The first pension payment order was issued on 15.02.1999. Under the ROPA Rules, 1998 there was revision of the pensionery and gratuity amount payable to the petitioner. The revised gratuity pension payment amount order was issued on 05.12.2001 and the gratuity amount and arrear pension was disbursed on 27.02.2002 in terms of ROPA, 1998. The petitioner claims interest on delayed payment of the revised gratuity amount.

I have heard the learned counsel for the parties and I have considered the orders passed by this court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delayed payment of 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.) 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 refixation 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 writ petitioner @ 8% per annum on the revised gratuity and arrear pension amount calculated on and from 01.04.1998 till actual date of payment.

Such payment is to be made within eight weeks from the date of communication of this order to the concerned authorities.

This writ petition is, thus, disposed of.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been admitted by the respondents.

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

(Rajarshi Bharadwaj, J.)