Ajit Kumar Konar v. State Of West Bengal And ORS.

11.12.2020 adeb Sl. 05 Ct. 15 W.P.A. No. 10224 of 2020 Ajit Kumar Konar Vs.

The State of West Bengal & Ors.

Mr. Biswajit Mal ........For the Petitioner Affidavit-of-service filed in Court today is kept with the record.

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

The petitioner was an Head Teacher of a Primary School and he retired from service on 31.12.2006. The first pension payment order was issued on 21.12.2006. Under the ROPA Rules, 2009 there was revision of the pensionery and gratuity amount payable to the petitioner. The revised pension payment order was issued on 20.02.2012 and the arrear pension amount and gratuity was disbursed on 28.08.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised arrear pension amount.

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 payment of arrear pension.

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 judgement in the case of Union of India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 648 on the issue of limitation relating to payment or re-fixation 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 @ 8% per annum on the revised arrear pension and gratuity amount calculated on and from 19.05.2009 till actual date of payment.

Such payment is to be made within eight weeks from the date of communication of this order to the concerned authorities.

This writ petition is, thus, disposed of.

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

Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

(Rajarshi Bharadwaj, J.)