Rupa Mondal v. State Of West Bengal And ORS.

11.03.2024 Sl. No.317 gd/ssd WPA/16576/2022 RUPA MONDAL VS STATE OF WEST BENGAL AND ORS.

Mr. Tamal Taru Panda ... for the petitioner Mr. Sabyasachi Mondal ... for the State The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The husband of the petitioner was a Peon of a High School, who died on 20.02.2012. The petitioner had completed all his pension related formalities. However, the concerned authorities delayed and released gratuity amount and arrear pension amount on 15.12.2013. The petitioner claims interest on delayed payment of the gratuity amount and arrear pension for the interim period of delay.

There is a considerable delay in filing 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. 17557 (W) of 2017 (Narayan Chandra Saha vs. State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgment in the case of Union of India vs. Tarsem Singh, reported in (2008) 8 SCC 648 on

the issue of limitation relating to payment or refixation 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 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 the gratuity and arrear pension calculated on and from 21.02.2022 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

With these observations, the writ petition is disposed of.

Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)