Ranjit Kumar Purkait v. State Of West Bengal And ORS.

21.12.2020.

WPA 10481 of 2020 jks Ct.

Ranjit Kumar Purkait Vs The State West Bengal & Ors.

Mr. Banshi Badan Maity ... 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 appointed as an Assistant Teacher of a Primary School. The petitioner retired from service on 28.02.1997. The first pension payment order was issued on 20.01.1999 under the ROPA Rules, 1998 there was revision of the pensionary gratuity amount and arrear pension amount payable to the petitioner. The revised pension payment order was issued on 31.03.2002 and the revised gratuity amount and arrear pension was disbursed on 12.02.2004 in terms of ROPA, 1998. The petitioner claims interest on delayed payment of the revised 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 of the parties has 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. No. 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 gratuity amount arrear pension amount calculated from 01.04.1998 till the date of actual 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 disposed of, however, no order as to costs.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Rajarshi Bharadwaj, J.)