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

12.03.2021.

W.P.A. 6125 of 2021 ab Ct. 15 Madan Mohan Kundu Vs The State West Bengal & Ors. Mr. Sudipta Maiti ... For the Petitioner.

Mr. Aswini Kumar Bera ... For the State.

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 retired from service on 31.08.1997 from the concerned school. The first pension payment order was issued on 11.03.1999. Under the ROPA Rules, 1998 there was revision of the pensionary and gratuity amount and arrear pension amount and payable to the petitioner. The revised pension payment order was issued on 31.3.2002 and the arrear pension payment order was issued on 25.01.2002 and the arrear gratuity and pension amount was disbursed on 31.05.2002 in terms of ROPA, 1998. The petitioner claims interest on delayed payment of the gratuity and 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. No. 6649 (W) of 2019 (Padma Nath 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 on 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 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 revised arrear pension amount calculated from 01.04.1998 till the date of actual payment within eight weeks from the date of communication of this order to the concerned authorities. The writ petition is disposed of.

Since no affidavits have been invited, the allegations contained in the writ petition are deemed not to have been admitted by the respondents.

Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Rajarshi Bharadwaj, J.)