Bhutnath Banerjee v. State Of West Bengal And ORS.

21.12.2020 adeb WPA 10909 of 2020 Bhutnath Banerjee - Versus - The State of West Bengal & Ors.

Mr. Biswajit Mal .....For the petitioner Ms. Rupsha Chakraborty ......For the State Affidavit-of-service filed in Court is kept with the record.

The petitioner was a Head Teacher of a Primary School who retired from service on 31.7.2002. The petitioner had completed all pension-related formalities. The Pension Payment Order was issued on 27.12.2002. However, the concerned authorities delayed and released gratuity amount on 25.1.2005. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the 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 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 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 @ 8% per annum on the revised arrear pension amount calculated on and from 1.8.2002 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 affidavit is called for, the allegations made in the writ petition are deemed to have been denied. Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

( Rajarshi Bharadwaj, J. )