Sudha Karmakar v. The State Of West Bengal And ORS

23.04.2025 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 879 of 2025 Smt. Sudha Karmakar -versus The State of West Bengal & Ors.

Ms. Madhushri Dutta, Mr. Subrata Sarkar.

...For the Petitioner.

Ms. Rima Sarkar, Mr. Sandip Guha Roy.

...For the State.

1.

Affidavit-of-service filed in Court today is taken on record.

2.

The petitioner was a Group D Staff of a primary school. She retired from service on 31.12.2015. The Pension Payment Order was issued in favour of the petitioner on 02.12.2022 and pension was disbursed on 13.02.2023.

3.

The petitioner prays for interest on account of revision of pay by virtue of ROPA 2009.

4.

In the present case it is noticed that the petitioner has approached this Court long after the revision was made.

5.

The Hon'ble Supreme Court in Union of India -vs- Tarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential relief of recovery of arrear for a past period is concerned the relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner.

6.

In the instant case the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioner directly approached this Court praying for interest, that too, long after the payment was made.

7.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner.

8.

The writ petition is dismissed.

9.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)