Sisir Kumar Pal v. State Of West Bengal And ORS.

19.03.2021.

W.P.A. 7046 of 2021 ab Ct.

Sisir Kumar Pal Vs The State West Bengal & Ors. Mr. Pradip Kumar Ghosh ... For the Petitioner.

Mr. Sk. Jaynal Abdin ... 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 was appointed as an Assistant Teacher of a Primary School, who retired from service on 30.11.2008. The first pension payment order was issued on 21.11.2008. Under the ROPA Rules, 2009 pension payment order towards revised pension payment order was issued on 17.10.2012 and the benefits of gratuity amount and revised arrear pension amount were disbursed on 28.02.2013. The petitioner claims interest on delayed payment of the revised arrear pension amount and revised gratuity 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 petitioner @ 8% per annum on the revised gratuity amount calculated from 01.06.2009 till actual 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.)