Namita Samanta v. State Of West Bengal And ORS.

19.03.2021.

W.P.A. 6890 of 2021 ab Ct.

Namita Samanta Vs The State West Bengal & Ors. Mr. Bidhan Biswas ... For the Petitioner.

Mr. Ibrahim Shaikh ... For the State.

The petitioner's husband was approved Teacher of a Primary School who retired and died in harness on 14.02.2011. The petitioner had completed all pension-related for grant of family pension immediately after the death of her husband. However, the concerned authorities delayed and released arrear amount on 08.03.2014. The petitioner's husband died on 14.02.2011. The petitioner herein seeks interest to be paid on the arrear family pension amount for the interim period of delay in receipt of the arrear family 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. Tarmen Singh, reported in (2008) 8 S.C.C.

as it does not affect the rights of the third party. 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 arrear family pension amount calculated from 15.02.2011 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.)