Amitava Chakraborty vs State Of West Bengal & Ors
2021 Latest Caselaw 2638 Cal

S/L 44
08.4.2021
Court No. 26
SD
                                   WPA 3927 of 2020
                                (Via Video Conference)

                                   Amitava Chakraborty
                                            Vs.
                                State of West Bengal & Ors.


               Mr. Dilip Kumar Maiti
                                                          ... for the Petitioner.

               Sk. Afrojul Haque
                                                            ... for the State.


                     Affidavit of service filed in court today is kept with the

               record.

                     The petitioner was a Clerk of a High School who

               retired on 31.12.2017. The petitioner had completed all his

               pension related formalities prior to his retirement. However,

               the concerned authorities delayed and released gratuity

               amount on 14.4.2019. The petitioner herein seeks interest to

               be paid on the gratuity amount for the interim period of

               delay in receipt of 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. Tarsem
                                  2




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

calculated from 01.02.2018 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.)