Dilchand Chhetry v. The State Of West Bengal And ORS

06.01.2023 Ct. 1 D/L 13 ab CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WPA 17 of 2023 Dilchand Chhetry -VsThe State of West Bengal & Ors.

Mr. Debajit Kundu, ... for the petitioner The affidavit of service is taken on record.

The State is not represented.

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

The petitioner was a Head Teacher of a school in the district of Darjeeling and he retired on 31.08.2017. The first pension payment order was issued on 12.10.2017. Under ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioner. The revision pension payment order was issued on 19.03.2021 and the arrear pension and gratuity was disbursed on 10.04.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised arrear pension and 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 payment of arrear pension and 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 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 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 to pay interest to the writ petitioner at the rate of 8 per cent per annum on the revised arrear pension and revised gratuity calculated on and from 14th February, 2020 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 the concerned authorities.

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

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

( Moushumi Bhattacharya, J.)