Ashlesh Tamang Lama And ORS v. State Of West Bengal And ORS.

19.02 Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 191 of 2021 Ashlesh tamang (Lama) & Ors.

-VersusThe State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ...For the Petitioner Mr. Subir Kumar saha Ms. Bedashruti Bose ...For the State Respondents 1.

Affidavit of service filed in court today is kept akb with the record.

2.

The father of the petitioners' was a Teacher of a High School, who died in harness on 07.7.2014. They had completed all pension related formalities just after death of their father. However, the concerned authorities delayed and released gratuity and arrear pension amount on 02.4.2020. The petitioners herein seek interest to be paid on the gratuity and arrear pension amount for the interim period of delay in receipt of the gratuity and arrear pension amount.

3.

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.

4.

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 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.

5.

In view of the above and after hearing the learned Counsel for the parties, 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 petitioner @ 8% per annum on the gratuity and arrear pension amount calculated from 08.7.2014 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. 6.

With these observations, the writ petition is disposed of.

7.

Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents. 8.

There will be no order as to costs.

9.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. ( Shekhar B. Saraf, J.)