Koushik Kar v. State Of West Bengal And ORS.

17.01.2022 Item No.21 Ct. No.5 Aloke W.P.A. 20722 of 2021 (Via Video Conference) Koushik Kar Vs.

The State of West Bengal & Ors.

Ms. Sreyasree Chaudhury ...for the petitioner Ms. Tapati Samanta ...for the respondent no.4 Mr. Malay Singh Ms. Neelam Singh ... for the State Affidavit of service filed in Court is kept with the record.

The petitioner was an approved Laboratory Attendant who retired from service on 31.05.2020. The petitioner had completed all pension-related formalities. However, the concerned authorities delayed and released the gratuity amount and arrear pension amount on 17.11.2021. The petitioner herein seeks interest to be paid on the gratuity amount and arrear pension amount for the interim period of delay in receipt of the gratuity amount and arrear pension 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 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 petitioner, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Tresury Officer to pay interest to the petitioner @ 8% per annum on the gratuity amount and arrear pension amount calculated from 01.06.2020 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.

The writ petition is accordingly disposed of without any order as to costs.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. (Moushumi Bhattacharya J.)