Goutam Sanyal v. The State Of West Bengal And ORS

5th January, 2022 Ct. 1 D/L 16 (SKB) CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI W.P.A.13 of 2023 Goutam Sanyal

Versus

The State of West Bengal and others Mr. Debajit Kundu ... for the petitioner.

Mr. Subir Kumar Saha, Ms. Bedashruti Bose ... for the State.

The affidavit of service is taken on record.

The petitioner was a librarian of Bholapara Najrul Pathagar who retired from service on 30th April, 2021. He had completed all pension related formalities. The Pension Payment Order was issued on 29th September, 2021.

However, the concerned authorities delayed and released the gratuity and arrear pension amount on 1st December, 2021. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the gratuity.

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 relied upon an order in W.P.17557(W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal and others) 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 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 parties, I direct the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal as also the concerned treasury officer to pay interest to the petitioner @ 8% per annum on the gratuity and arrear pension amount calculated from 01.05.2021 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.

This writ petition is accordingly disposed of without however, any order as to costs.

Urgent certified copy of this order, if applied for, be given to the parties on usual undertakings. (Moushumi Bhattacharya, J.)