Joydev Mal v. State Of West Bengal And ORS.

5.3.2021 415,ct.15 sk W.P.A.5552 of 2021 Joydev Mal Vs.

The State of West Bengal & Ors.

Mr. Arun Khutia ... 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 was a Teacher of a Primary School, Purba Buardwan and retired from service on 31.05.2019. The first pension payment order was issued on 08.07.2019. Under the ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 09.01.2021 and the revised gratuity was disbursed on 3.02.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised gratuity and revised arrear pension.

I have heard learned counsel for both 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 revised gratuity and revised arrear pension.

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.No. 17557(W) of 2017(Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench of this court had relied upon a 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 affect 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 petitioner @ 8% per annum on the revised gratuity and revised arrear pension calculated from 18.02.2020 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.

The writ petition is disposed of, however, no order as to costs.

Since no affidavit is called for, the allegations contained 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. )