Nur Islam Sarkar v. State Of West Bengal And ORS.

19.3.2021 102,ct 15 sk W.P.A.6691 of 2021 Nur Islam Sarkar Vs.

The State of West Bengal & Ors.

Mr. Amit Kumar Bayen ...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 an Assistant Teacher of a Primary School, who retired from service on 28.02.2012. The petitioner had completed all pensionrelated formalities. The pension payment order was issued on 11.12.2012.

However, the concerned authorities delayed and released the gratuity and arrear pension amount on 29.01.2014. The petitioner herein seeks interest to be paid on the gratuity and arrear pension amount for the interim period of delay in receipt 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. 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 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 petioner, 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 gratuity and arrear pension calculated from 1.3.2012 till the date of payment. Such payment is to be made within a period of eight weeks from the date or communication of this order.

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

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. )