Swastika Ghose v. State Of West Bengal And ORS.

02.12.19 Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 715 of 2019 Swastika Ghose -VersusThe State of West Bengal & Ors.

akb Ms. Arpita Saha ...For the Petitioner Mr. Debabrata Dhar Ms. Paramita Sahu ...For State Respondents Affidavit of service filed in court today is kept with the record.

The husband petitioner was a Teacher of a Primary School, Darjeeling who died-in-harness on September 22, 2001. The petitioner had completed all her pension related formalities just after the death of her husband. However, the concerned authorities delayed and released her gratuity amount and arrear pension on May 03, 2005. The petitioner herein seeks interest to be paid on the gratuity amount and arrear pension for the interim period of delay in receipt of the gratuity amount and arrear pension. 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 judgment in the case of Union of India vs.

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 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 amount and arrear pension calculated from 23.09.2001 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.

With these observations, the writ petition is disposed of.

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. There will be no order as to costs.

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