Bijoy Krishna Bag v. State Of West Bengal And ORS.

08.04.2022 SL No. 365 Court No. 24 (P.M) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 18266 of 2021 Bijoy Krishna Bag Vs The State of West Bengal & Ors.

Mr. Biswajit Mal ... for the petitioner Mr. Samsul Kabir Humayan Reza ... for the State Affidavit-of-service filed in Court today is taken on record.

The petitioner was an approved Assistant Teacher of a primary school. He retired from service on 31.07.2000. The Pension Payment Order was issued in favour of the petitioner on 20.02.2002 and the petitioner received the gratuity amount on 30.06.2002.

The petitioner prays for interest on account of the delayed payment of the terminal benefits. In the present case it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same.

The Hon'ble Supreme Court in Union of India -vs- Tarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential

relief of recovery of arrear for a past period is concerned the relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner.

In the instant case the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioner directly approached this Court praying for interest, that too, long after the PPO was issued.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner.

The writ petition is dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)