5 vs The State West Bengal & Ors
2021 Latest Caselaw 1415 Cal

260   12.02.2021                         WPA 3769 of 2021
Dd                                        Sakuntala Jana
Ct.
15
                                              Vs
                                   The State West Bengal & Ors.


                             Mr. Goutam Kumar Maity ... for the Petitioner

                             Syed Mosihar Rahaman ... ..For the State



                             Affidavit of service filed in court today is kept

                   with the record.

                             The husband of the petitioner was an Assistant

                   Teacher of a Primary School who retired on 28.02.2007.

                   The   first   pension   payment    order   was   issued   on

                   24.04.2007. Under the ROPA Rules, 2009, there was

                   revision of the pensionary and gratuity amount payable to

                   the petitioner. The revised pension payment order was

                   issued on 16.04.2013 and the revised gratuity and arrear

                   pension amount was disbursed on 30.05.2013 in terms of

                   ROPA, 2009. The petitioner claims interest on delayed

                   payment of the revised gratuity 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
                        2




of West Bengal & Ors.) wherein a coordinate Bench had

relied upon the Supreme Court judgment in the case of

Union of India vs. Tarmen 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 gratuity and arrear pension

amount calculated on and from 1.06.2009 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.

           This writ petition is, thus, 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.

(Rajarshi Bharadwaj, J.)