Smt. Sutapa Das vs The State Of West Bengal & Ors
2021 Latest Caselaw 3088 Cal

70   30.4.2021
Sc
                                    WPA 6535 OF 2021
                                    (Through Video Conference)
                                             --------

Smt. Sutapa Das Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ... for the Petitioner Ms. Kumkum Das ... for the State

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

The petitioner's husband was an Assistant Teacher of a High School who died-in-harness on 22.01.2018. The first pension payment order was issued on 01.10.2019. 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 15.10.2020 and the revised arrear pension and gratuity amount were disbursed on 07.01.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised arrear pension 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 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 revised arrear pension and gratuity amount calculated from 23.01.2018 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.)