Rishi Kumar Sardar v. State Of West Bengal And ORS.

13.04.2022 SL No. 373 Court No. 24 (P.M) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 19674 of 2021 Rishi Kumar Sardar Vs The State of West Bengal & Ors.

Mr. Tamal Taru Panda ... for the petitioner Ms. Sipra Majumdar, Ms. Sangeeta Roy ... 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 30.09.1996. The Pension Payment Order was issued in favour of the petitioner on 20.02.2002 and the petitioner received the gratuity amount on 24.05.2002. Revised Pension Payment Order in accordance with ROPA was issued on 15.07.2003 and payment was made on 20.09.2003. The petitioner prays for interest on account of the delayed payment of revised gratuity and revised arrear pension.

In the present case it is noticed that the petitioner has approached this Court long after the

revised 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.

There is no explanation given with regard to the inordinate delay in filing the writ petition. 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.)