Jugal Chandra Paul v. State Of West Bengal And ORS.

S/L 471 28.04.2022 Court No.24 s.biswas WPA 4478 of 2022 Jugal Chandra Paul Vs.

State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the Petitioner Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the State respondents in spite of service.

The petitioner was an Assistant Teacher of a primary school. He retired from service on 31.12.2009. The first pension payment order was issued on 08.01.2010 and the revised pension payment order was issued on 07.06.2013 and the arrear revised pension was disbursed on 21.12.2013.

The petitioner prays for payment of interest on account of his delayed payment of his retiral dues. In the present case, it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same.

The Hon'ble Supreme Court in Union of India - vs- Tarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential relief of recovery of arrear for a past period is concerned the relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner.

In the instant case the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The

petitioner directly approached this Court praying for interest, that too, long after the PPO was issued. The fact that the teacher never raised any issue or made any prayer for grant of interest on account of delayed payment of his termination benefits implies that the teacher waived his right to receive interest. In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner.

The writ petition is dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)