26 2021 Shiba Rani Pan vs 39 The State Of West Bengal & Ors
2021 Latest Caselaw 2936 Cal

Ct.
No.   22.04                       W.P.A. 7590 of 2021
26    2021                               Shiba Rani Pan
                                               Vs.
 39                              The State of West Bengal & Ors.
akb

              Mr. Sandip Ghosh             ...For the Petitioner

              Mr. Milan Kumar Maity        ...For the State Respondents

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 retired on 31.10.2015 and died on 09.02.2018. The husband of petitioner had completed all pension related formalities prior to retirement. However, the concerned authorities delayed and released her gratuity and arrear pension amount on 07.3.2019. 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.

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 01.01.12.2015 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.)