26 2021 Sandhya Paul vs 47 The State Of West Bengal & Ors
2021 Latest Caselaw 2658 Cal

Ct.
No.   08.04                       W.P.A. 3675 of 2021
26    2021                                Sandhya Paul
                                               Vs.
147                              The State of West Bengal & Ors.
akb

              Mr. Banshi Badan Maity       ...For the Petitioner



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

              2.           The petitioner's husband was an Assistant
              Teacher of a High School, who died-in-harness on
              07.10.2009. The petitioner had completed all pension related
              formalities of her deceased husband.                 However, the
              concerned authorities delayed and released gratuity amount
              on 05.8.2011. The petitioner herein seeks interest to be paid
              on the gratuity amount for the interim period of delay in
              receipt of the gratuity amount.

              3.           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.

              4.           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 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.

              5.           In view of the above and after hearing the
                           2




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 08.10.2009 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.

6.             With these observations, the writ petition is
disposed of.

7.             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.

8. There will be no order as to costs.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.

( Shekhar B. Saraf, J.)