Mana Das v. State Of West Bengal And ORS

06.12.19 Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 941 of 2019 Mana Das -VersusThe State of West Bengal & Ors.

akb Mr. Sandip Ghosh ...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 wife of the petitioner was a teacher of a Primary School, District - Jalpaiguri, who retired on 30.6.2005 and died on 26.7.2019. The wife of petitioner had completed all her pension related formalities prior to her retirement. However, the concerned authorities delayed and released her gratuity amount and arrear pension on 05.3.2007. The petitioner herein seeks interest to be paid on the gratuity 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 judgment in the case of Union of India vs. Tarmen 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. 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 01.8.2005 till the date of actual payment, that is, 05.3.2007. 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.)