Debasis Banerjee vs The State Of West Bengal & Ors
2021 Latest Caselaw 6179 Cal

   Ct. 05
Item No.40
07.12.2021
 (suvendu)


                             WPA 18958 of 2021

                            [Via Video Conference]
                           Debasis Banerjee
                                 Vs.
                      The State of West Bengal & Ors.



                     Mr. Biswajit Mal
                                         ...........for the petitioner

                     Ms. Tapati Samanta
                                  ............for the respondent no. 4

Affidavit of service filed in Court today is

kept with the record.

The petitioner was an approved Librarian

who retired from service on 30.11.2019. The

petitioner had completed all pension-related

formalities. However, the concerned authorities

delayed and released the gratuity amount and

arrear pension amount on 16.01.2021. The

petitioner herein seeks interest to be paid on the

gratuity amount and arrear pension amount for

the interim period of delay in receipt of the

gratuity amount and 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 inspite 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 petitioner, 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 and arrear pension amount calculated

from 01.12.2019 till the date of payment. Such

payment is to be made within a period of eight

weeks from the date of communication of this

order.

The writ petition is accordingly disposed

of without any order as to costs.

Since no affidavit is called for, the

allegations made in the writ petition are deemed to

have been denied.

(Moushumi Bhattacharya, J.)