Shyam Chand Hazra v. State Of West Bengal And ORS.

jks Ct.

11.09.2025.

WPA 16928 of 2025 Shyam Chand Hazra Vs The State West Bengal & Ors.

Mr. Krishna Pada Santra ... ... For the Petitioner Ms. Richa Pramanik ... ... 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 a Head Teacher of a primary School. The petitioner retired from service on 31.08.2018. The first pension payment order was issued on 27.08.2018. Under the ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioners. The revised pension payment order was issued on 15.06.2021 and the revised arrear pension and gratuity amount was disbursed on 16.06.2021 in terms of ROPA, 2019. The petitioners claim interest on delayed payment of the revised arrear pension and revised gratuity.

I have heard learned counsel for both parties and I have considered the orders passed by this court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delayed

payment of revised arrear pension and revised gratuity.

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 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 writ petitioner @8% per annum on the revised arrear pension and revised gratuity amount calculated from 14.02.2020 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.

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.)