Madan Mohan Jana v. State Of West Bengal And ORS.

12.03.2021 (adeb) W.P.A. No. 5724 of 2021 Madan Mohan Jana Vs.

The State of West Bengal & ors.

Mrs. Sanchayita De ... For the petitioner Mr. Milan Kumar Maity ....For the State Affidavit of service filed in court today is taken on record.

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

The petitioner was appointed as an Assistant Teacher of a Primary School and he retired from service on 31.12.2008. The first Pension Payment Order was issued on 23.12.2008. Under the ROPA Rules, 2009, there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 10.12.2012 and the revised arrear pension amount was disbursed on 21.05.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised 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 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 maybe granted in spite of delay as it does not affect the rights of the third party. In view thereof, 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 arrear pension amount calculated on and from 01.06.2009 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.

There will, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)