Biswajit Gayen v. State Of West Bengal And ORS.
10.04.2024.
Court No.13 Item No. 337 Sws.M W.P.A. No. 6713 of 2024 Biswajit Gayen & Ors.
Versus
The State of West Bengal & Ors.
Mr. Arup Kumar Sahoo ...For the petitioners.
The affidavit of service filed by the learned Advocate for the petitioners in Court today be kept on record.
The material facts of the case are supported by records and hence I have not called for affidavits. The father of the petitioners was an assistant teacher in a primary school. He died-in-harness on 03.05.1975. The pension payment order was issued on 22.10.2014. The petitioners approached the concerned authority for payment of interest on the delayed payment of arrear pension.
Being unsuccessful, the petitioners have approached this Court. In this writ petition they pray for interest on the delayed payment of arrear pensionary benefit. It is now well settled that if there is a delay in releasing the pensionary benefits to a retired employee or to the legal heir of a deceased employee, some amount of interest should be paid to compensate for delay in releasing the benefits. The pensionary benefits are welfare measures meant to enable a retired employee or the dependants of a deceased employee to live a life of dignity. Hence, it is imperative and of utmost importance that such
benefits are released to a retired employee or the legal heir of a deceased employee without any delay. If there is delay, interest at a reasonable rate is payable by way of compensation. This is not punitive but purely compensatory.
Learned Advocate for the petitioners drew my attention to a Memorandum dated November 1, 2010 issued by the School Education Department, Budget Branch, Government of West Bengal. The said Memorandum pertains to pension/family pension in respect of the employees who retired or died-inharness prior to April 1, 1981. Paragraph 4 of the said Memorandum provides inter alia, that the financial benefit may be given with effect from April 1, 1981 or from the date of application for pension/family pension whichever is later.
In the present case, the petitioners cannot state with any certainty the date of application for pension/family pension. Hence, in view of the aforesaid and also having regard to the decision of the Hon'ble Supreme Court in the case of D.D. Tewari (Dead) through legal representative Vs. Uttar Haryana Bijli Vitran Nigam Limited & Ors., I direct the concerned Treasury Officer, Cantai to pay to the petitioners interest @ 9% per annum on the amount released in favour of the petitioners by way of pensionary benefit on and from April 1, 1981 till the
date of issuance of Pension Payment Order.
Such payment of interest is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.
Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents. The writ petition is, accordingly, disposed of. There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)