Amalendu 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. 945 of 2019 Amalendu Das -VersusThe State of West Bengal & Ors.

akb Mr. Sandip Ghosh ...For the Petitioner Mr. Subir Kumar Saha Mr. Ankan Mitra ...For State Respondents Affidavit of service filed in court today is kept with the record.

The petitioner was a 'college lecturer' of a College, District - Darjeeling, who retired on 31.01.1999. The first pension payment order was issued on 12.6.2000. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 30.9.2013 and the arrear pension amount was disbursed on 08.12.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the principal gratuity and arrear pension amount and also revised 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 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 Accountant General (A & E), Government of West Bengal as also the concerned Treasury Officer to pay interest to the petitioner @ 8% per annum on the principal gratuity amount and arrear pension amount calculated on and from 01.3.1999 till the date of payment, that is, 12.6.2000 and to pay interest to the petitioner @ 8% per annum on the revised arrear revised arrear pension amount on and from 19.5.2009 till the date of actual payment, that is, 08.12.2013. 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.)