Dawa Moktan (Tamang) v. State Of West Bengal And ORS.

03-12-2019 Court No.2 Sh/33.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 873 OF 2019 Dawa Moktan (Tamang). . . . Petitioner.

Vs.

State of West Bengal & Ors.... .Respondents.

Mrs. Sabita Khutia (Bhunya).

. . .For the Petitioner.

Mr. Bikramaditya Ghosh, Mr. Momenur Rahaman.

. . .For the State.

1.

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

2.

The petitioner was a Teacher of Dalsingpara T. G. Primary School, Aliporeduar, who retired from service on 28-02-2017. The petitioner had completed all his pension-related formalities prior to his retirement. However, the concerned authorities delayed and released his gratuity amount and arrear pension on 12-07-2017. 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 and arrear pension amount. 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 judgement in the case of Union of India Vs. Tarmen Singh, reported in (2008) 8 S.C.C. 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 inspite of delay as it does not affect the rights of the third party.

3.

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 01-04-2017 till the date of actual payment, that is, 12-07-2017. Such payment is to be made within a period of eight weeks from the date of communication of this order.

4.

This writ petition being W.P.A. 873 (W) of 2019 is, accordingly, disposed of.

5. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

6.

Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.

( SHEKHAR B. SARAF, J)