Siva Sankar Dey v. State Of West Bengal And ORS.

19.03.2021.

WPA 6810 of 2021 jks Ct.

Siva Sankar Dey.

Vs The State West Bengal & Ors.

Mr. U. K. Roy, ... For the Petitioner.

Mr. Somnath Basu, ...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 on 28.02.1993. The petitioner had completed all pension-related formalities. The pension payment order was issued on 04.07.2003. However, the concerned authorities delayed and released the arrear pension on 19.11.2003. 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 of the parties has 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.) of the co-ordinate Bench in support of his submission.

In view of the above and after hearing the

learned Counsel for the petitioner, 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 01.03.1993 till the date of 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 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.)