26 2021 Kananika Chakrabarty vs 40 The State Of West Bengal & Ors
2021 Latest Caselaw 2934 Cal

Ct.
No.   2204                       W.P.A. 7593 of 2021
26    2021                          Kananika Chakrabarty
                                              Vs.
 40                             The State of West Bengal & Ors.
akb

             Mr. Sandip Ghosh             ...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
             19.02.1991. The petitioner had completed all pension related
             formalities after death of her husband.              However, the
             concerned authorities delayed and released his gratuity and
             arrear pension amount on 22.12.1993. The petitioner herein
             seeks interest to be paid on the gratuity and arrear pension
             amount for the interim period of delay in receipt of the
             gratuity and arrear pension 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.
                           2




5.             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 and
arrear pension amount calculated from 20.02.1991 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.)