Kundu Rani Bairagi v. State Of West Bengal And ORS.

5.3.2021 394,ct.15 sk W.P.A.5426 of 2021 Kundu Rani Bairagi Vs.

The State of West Bengal & Ors.

Mr. Bidhan Biswas ... For the Petitioner.

No one appears for the State when the matter is called on for hearing.

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

The petitioner's husband was an approved Teacher of Primary School, who died-in-harness on 10.11.1988. The petitioner had completed all pensionrelated formalities immediate on his death. However, the concerned authorities delayed and released the arrear family pension amount on 28.10.2004. 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 family 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.

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 arrear family pension amount calculated on and from 11.11.1988 till actual 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, thus, disposed of.

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. )