26 2021 Prabir Kumar Kayal vs 49 The State Of West Bengal & Ors
2021 Latest Caselaw 2937 Cal

Ct.
No.   22.04                       W.P.A. 8940 of 2021
26    2021                             Prabir Kumar Kayal
                                               Vs.
 49                              The State of West Bengal & Ors.
akb

              Mr. Banshi Badan Maity             ...For the Petitioner

              Ms. Tanushri Pal Chowdhury         ...For the State Respondents

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

2. The petitioner was an 'Assistant Teacher' of a High School, who retired on 30.6.2019. The first pension payment order was issued on 25.7.2019. Under the ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 06.01.2021 and the revised gratuity amount was disbursed on 23.11.2020 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised gratuity amount.

3. I have heard learned Counsel for the petitioner and I have considered the orders passed by this Court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delayed payment of arrear pension and gratuity.

4. 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.

5. 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.

6. 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 revised gratuity amount calculated on and from 14.02.2020 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.

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

8. 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.

9. There will be no order as to costs.

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

( Shekhar B. Saraf, J.)