Calcutta High CourtWPA/7446/2021disposed

Sudharani Dan v. State Of West Bengal And ORS.

2021-03-19Hon'Ble Justice Rajarshi Bharadwaj2 pages

19.03.2021 adeb Sl. 344 Ct. 15 W.P.A. 7446 of 2021 Sudharani Dan Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar Roy ........for the Petitioner Mr. Swapan Kumar Chatterjee ..for the State Affidavit-of-service filed in Court today is kept with the record.

The husband of the petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.07.1995 and, thereafter, died on 08.11.2002. The petitioner's husband had completed all pension-related formalities. The pension payment order was issued on 12.03.2001. However, the concerned authorities delayed and released the arrear pension amount on 17.06.2001. 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 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 Judgement 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 01.08.1995 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 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 photostat certified website copy of this order, if applied for, be given to the parties on urgent basis. (Rajarshi Bharadwaj, J.)