Calcutta High CourtWPA/6660/2021disposed

Nripendra Nath Kumar v. State Of West Bengal And ORS.

2021-03-19Hon'Ble Justice Rajarshi Bharadwaj2 pages

19.03.2021.

W.P.A. 6660 of 2021 ab Ct.

Nripendra Nath Kumar Vs The State West Bengal & Ors. Mr. Amit Kumar Bayen ... For the Petitioner.

Ms. Manika Pandit ... For the State.

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

The petitioner was an Assistant Teacher of a Primary School, who retired from service on 30.04.1992. The petitioner had completed all pension-related formalities prior to his retirement. The pension payment order was issued on 19.10.2001. However, the concerned authorities delayed and released the arrear pension amount on 01.03.2002. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the 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 judgement/order in W.P. No. 6649 (W) of 2019 (Padma Nath Vs. State of West Bengal & Ors.) of the co-ordinate Bench in support of his submission.

In view of the above and after hearing the learned

Counsel for the parties, 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 arrear pension amount calculated from 01.05.1992 till the date of actual 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 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.)