Sushanta Bhandari v. State Of West Bengal And ORS.

06.03.2024 Sl.No. 307 Ct.No. 13 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19149 of 2023 Sushanta Bhandari Vs.

The State of West Bengal & Ors.

Mr. Banshi Badan Maity ...for the petitioner Ms. Sucharita Roy ...for the State The affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.

The learned Advocate for the petitioner submits that the petitioner was a teacher of a school and retired from service on 30.06.2006. The first Pension Payment Order was issued in favour of the petitioner on 07.06.2006. Under the ROPA Rules, 2009 there was revision of the pension and gratuity amount payable to the petitioner. The revised pension payment order was issued on 11.11.2011 and the revised gratuity amount was disbursed on 23.12.2011 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised gratuity 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 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 WP No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal and Ors.) wherein a Coordinate Bench had relied upon the Supreme Court judgement 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 @ 6% per annum on the revised gratuity amount calculated on and from 19.05.2009 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.

With the aforesaid 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.)