Dipti Mahata v. State Of West Bengal And ORS.

jks 07.08.2025 WPA 13255 of 2024 Dipti Mahata Vs.

The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ... ... for the petitioner Affidavit of service filed in Court today is kept with the record.

The petitioner's husband was appointed as a Head teacher of a primary School, who retired on 30.11.2021 and died on 23.02.2022. The petitioner's husband had completed all pension-related formalities prior to his retirement. The pension payment order was issued on 15.06.2022. However, the concerned authorities delayed and released his gratuity and arrear pension amount on 02.12.2022. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the gratuity and 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. 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 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 gratuity and arrear pension amount calculated from 01.12.2021 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. The parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Rajarshi Bharadwaj, J.)