Partha Sarathi Ghosh v. State Of West Bengal And ORS.

Ct. 05 Item No.17 18.01.2022 (sayandeep) WPA 21008 of 2021 [Via Video Conference] Partha Sarathi Ghosh Vs.

The State of West Bengal & Ors.

Ms. Sima Ghosh .........for the petitioner Ms. Gopa Roy ...........for the State Liberty is granted to the learned counsel appearing for the petitioner to amend the cause title during the course of the day.

Affidavit of service filed in court is kept with the record.

The material facts of the case are admitted and hence I have not called for affidavits.

The petitioner was a librarian of a Library of Sainthia High School in the district of Birbhum under West Bengal Board of Secondary Education and he retired on 31. 01.2017. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 20.02.2020 and gratuity was disbursed on 19.04.2020 in terms of ROPA, 2009. The

petitioner claims interest on delayed payment of the 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 revised gratuity.

There is 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 17557(W) of 2017 (Narayan Chandra Saha V. State of West Bengal & Ors.) wherein a coordinate 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 on 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 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 at the rate of 8% percent per annum on the revised gratuity calculated on and from 1st February, 2017 till actual date of payment. Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to be concerned authorities.

Since no affidavits have been invited, the allegations contained in the writ petition are deemed not to have been admitted by the respondents.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Moushumi Bhattacharya, J.)