Kamalabala Ghosh v. State Of West Bengal And ORS.

19.03.2021.

W.P.A. 6718 of 2021 ab Ct. 15 Kamala Bala Ghosh Vs The State West Bengal & Ors. Mr. Biswajit Mal ... For the Petitioner.

Mr. Somraj Dhar ... 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's husband was an approved Head Teacher of a Primary School retired from service on 28.02.1996. The petitioner's husband died on 13.04.2010. The first pension payment order was issued on 07.03.1998. 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 gratuity amount was disbursed on 02.08.2002 in terms of ROPA, 1998 belatedly. The petitioner claims interest on delayed payment of the revised 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 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 arrear pension amount calculated on and from 01.03.1996 till actual date of payment within eight weeks from the date of communication of this order to the concerned authorities. The writ petition is, thus, disposed of.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 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.)